In brief

On 13 December 2024, the new Regulation (EU) 2023/988 on general product safety (GPSR) will finally apply in all EU Member States, replacing the current Directive 2001/95/EC on general product safety (GPSD).

The GPSR addresses risks related to new technologies and online trading, covering a wide range of products. It represents the most comprehensive reform of European product safety law in over 20 years and will impact most economic operators (manufacturers, importers, distributors, fulfillment service providers, etc.) in the EU market. 

What has happened?

On 13 December 2024 – after an 18-month transitional period –  the new Regulation (EU) 2023/988 of the European Parliament and of the Council on general product safety will finally apply in all EU Member States. At the same time, Directive 2001/95/EC of the European Parliament and of the Council of 3 December 2001 on general product safety will be repealed. In contrast to the former GPSD, the new GPSR – like all EU Regulations – will be directly applicable in the EU Member States. Consequently, there is no need for transposition into national law. Products compliant with the GPSD placed on the market before 13 December 2024 will still be allowed.

What does it mean for you?

In general, the GPSR applies to all consumer products placed or made available on the EU market insofar as there are no specific provisions with the same objective under EU law that regulate the safety of the products concerned. Only some product types are completely exempted from the GPSR (e.g., medicinal products for human or veterinary use, food, feeds, plant protection products, and antiques).

Only a subset of rules under the GPSR applies to products subject to specific requirements imposed by so-called Union harmonization legislation. This is especially relevant for all products that require a CE marking, such as radio equipment, toys, pressure equipment, machinery, and electrical equipment.

Against this background, the most important aspects of the GPSR are as follows: 

• According to Art. 9 para. 2 GPSR, manufacturers must carry out an internal risk analysis and draw up technical documentation containing at least a general description of the product and its essential characteristics relevant to assessing its safety before placing their products on the market. Under the former GPSD, there was no such general risk analysis obligation.
• Pursuant to Art. 4 GPSR, products offered for sale online or through other means of distance sales are deemed to be made available on the market if the offer is targeted at consumers in the Union. An offer for sale will be considered to be targeted at consumers in the Union if the relevant economic operator directs, by any means, its activities to one or more Member States. This means that the GPSR may even apply to online sellers based outside the EU.
• Manufacturers and importers must indicate their name, registered trade name or registered trade mark, postal and electronic address, and, where different, the postal or electronic address of the single contact point at which they can be contacted. That information shall be placed on the product or, where that is not possible, on its packaging or in a document accompanying the product.
• Pursuant to Art. 14 GPSR, all economic operators shall ensure that they have internal processes for product safety in place.
• Art. 15 GPSR requires economic operators to cooperate with market surveillance authorities to eliminate or mitigate risks that are presented by products.
• It follows from Art.16 GPSR that no product covered by the GPSR may be placed on the market unless there is an economic operator established in the EU who is responsible for that product.
• Art. 18 enables the Commission to set up specific traceability requirements for certain products, categories or groups of products by adopting respective delegated acts.
• Art. 19 GPSR provides new information requirements for economic operators who offer products online. For example, all online shops now must clearly and visibly indicate warning or safety information relevant to an offered product.
• Art. 20 GPSR introduces new obligations of economic operators in case of accidents related to the safety of products.
• Art. 22 GPSR introduces specific obligations of providers of online marketplaces related to product safety. Such providers, inter alia, have to support product recalls and cooperate with law enforcement agencies at the Union and national levels. Also, they have to suspend the provision of their services to traders that frequently offer products that are non-compliant with the GPSR.
• Art. 35 GPSR provides for specific information obligations of economic operators and providers of online marketplaces towards consumers in the case of a product “safety recall” or a “safety warning.”
• Art. 36 GPSR introduces the “Recall notice.” This means that the content and format of information on a product safety recall is now set out in great detail. For example, recall notices must avoid any elements that may decrease consumers’ perception of risk, such as indicating that there have been no reported accidents.
• Finally, the GPSR also reformed the existing Rapid Exchange of Information System (RAPEX) to enable more efficient corrective measures to be taken across the Union in relation to products that present a risk beyond the territory of a single Member State. The new system, now called “Safety Gate,” consists of three elements, i.e., the “Safety Gate Rapid Alert System,” the “Safety Gate Portal” and the “Safety Business Gateway.”

Which actions should I take?

The GPSR will be directly applicable in all EU Member States from 13 December 2024 onwards. There will be no further transition period, nor will there be any need for transposition of its rules into national law. Consequently, all economic operators who do business on the EU market should review whether their activities are affected by the GPSR and, if so, establish a path to compliance with the new product safety regime. This is particularly important for all economic operators who make products available on the market online or through other means of distance sales. The same applies to providers of online marketplaces who will soon face a number of specific obligations related to product safety.

Some details with respect to the new rules provided for in the GPSR will be the subject of delegated acts or implementing acts to be adopted by the European Commission. Therefore, economic operators are also advised to keep an eye on future developments with respect to the GPSR.