EU General Product Safety Regulation - 13 Dec 2024
The new requirements under the General Product Safety Regulation (EU) 2023/988 (GPSR) will apply from 13 December 2024 in the European Union (EU); the GPSR replaces the General Product Safety Directive 2001/95/EC (GPSD).
The GPSR represents a major update from the current rules and listed below are some key areas:
1. New requirements for non-harmonised products which includes stricter labelling obligations, new requirements to prepare a technical file, conduct a pre-market risk assessment and the appointment of EU representative.
2. Additional requirements to consider in relation to software updates/software subsequently downloaded, artificial intelligence (AI) and machine learning (ML) functionalities, connectivity, different impacts on health and safety for different genders, and risks for vulnerable consumers.
3. New requirements for online sales including the need to display mandatory information, such manufacturerdetails, EU representative (where applicable), information to identify the product, warnings and safety information required to be affixed to the product, or on its packaging or included in accompanying documents.
4. New requirements for complaints such as an obligation to investigate complaints that concern the safety of products or allege products are dangerous, and keep an internal register of those complaints and product recalls/corrective actions, along with specific requirements regarding personal data stored on that register.
5. New mandatory accident reporting obligations will require reporting accidents over a certain threshold without undue delay from the moment they know about it. There also is a separate accident reporting obligation on online marketplaces.
6. New requirements for online marketplace including a single point of contact for market surveillance authorities and also consumers, to cooperate with authorities, to respond to notices from authorities within 2 working days and process notices related to product safety issued under the notice and action mechanism in the Digital Services Act within 3 working days, to design interfaces to enable traders to display the information required for online offers, to report dangerous products via Safety Gate, to report accidents via Safety Gate, and to directly notify affected consumers about recalls and publish information about recalls, plus more.
7. New requirements on product recalls & corrective actions that include notifying all affected consumers directly, along with requirements for recall notices and new rules for the recall action.
8. It will become mandatory to use the European Commission portal, Safety Gate, to notify product recall. Consumers and ‘other interested parties’ will be able to use Safety Gate to report products that may present a risk.
9. Increased enforcement which includes on a regular basis joint activities between market surveillance authorities to inspect products.
