Applicable from December 13, 2024, Regulation (EU) 2023/988 of the European Parliament and of the Council, of May 10, 2023, on general product safety, also known as the General Product Safety Regulation (GPSR), replaces the previous General Product Safety Directive. This marks the beginning of a new era in consumer protection within the European Union.
The GPSR applies to consumer products but also imposes requirements on those designed exclusively for professional use that eventually reach the consumer market.
This Regulation complements other specific EU legislative acts on safety, addressing aspects and risks not covered by other regulations.
In addition, it introduces significant changes that impact both economic operators and authorities, aiming to improve product safety across the European market.
Key changes introduced by the GPSR
1) Broader product coverage: More products are now included, including those sold online, whether new, used, repaired, or refurbished. Some exemptions are established, such as:
- Human or veterinary medicinal products.
- Food and feed.
- Live plants and animals, genetically modified organisms, and confined-use microorganisms.
- Animal-derived products and by-products.
- Plant protection products.
- Transport equipment operated by a service provider.
- Low-risk aircraft.
- Antiques.
- Products clearly identified to be repaired or refurbished before use.
2) Enhanced risk assessment: Economic operators are required to carry out stricter risk assessments throughout the product´s lifecycle.
3) Greater accountability for economic operators: Each product regulated by the Regulation must have an economic operator within the EU (manufacturer, importer, authorized representative, or EU logistics service provider) responsible for ensuring its safety.
4) Strengthened market surveillance: National authorities will have more powers to conduct more effective inspections and take action against unsafe products. Additionally, RAPEX, the rapid alert system for dangerous products, is renamed "Safety Gate" and improves the exchange of information on measures taken against non-food hazardous products.
5) Consumer empowerment: Consumer rights are strengthened by providing more information and tools to report unsafe products.
6) Cybersecurity and artificial intelligence: Measures are incorporated to protect products from external threats, as well as features that allow their evolution, learning, and predictive capabilities.
Additionally, the Regulation introduces specific provisions related to customs, ensuring that products entering the EU meet safety standards. Customs authorities will play a key role in identifying and detaining unsafe products before they are distributed in the market. Moreover, new obligations are established for operators in customs procedures, guaranteeing stricter border controls. For this, cooperation between market surveillance bodies and customs will be essential.
Unlike the Directive it repeals, the Regulation is directly applicable in all Member States, without the need for transposition into national legislation.
More information
Product safety legislation: https://ec.europa.eu/safety-gate/#/screen/pages/productSafetyLegislation
