The General Product Safety Regulation[1] (GPSR), replacing the previous legal provisions on the topic of non-food products,[2] was adopted by the European Parliament in March 2023, and it officially came into force on 12 June 2023. However, businesses are given a transition period to adapt to the new rules. Hence, the provisions of the GPSR will start applying from 13 December 2024. This means that there is still time for manufacturers and distributors of products to factor the new rules in their operations. Time will soon run out though. Below we tried to summarize what there is to know on the topic in a nutshell.
The aim of the GPSR is to ensure the health and safety of consumers and the functioning of the internal market as regards products intended for consumers[3] in the context of the new challenges posed to product safety by the digitalisation of economies within the EU.[4]
In brief, the GPRS:
broadens the scope of product safety legislation to include new product types or emerging technologies.
enhances market surveillance imposing stricter measures for compliance and risk monitoring.
focuses on online sales and the safety of digital goods.
The upcoming changes will have a direct impact on businesses and consumers. For businesses, the new provisions mean more obligations and stricter requirements, while for consumers, they (should) mean greater peace of mind and trust in product safety.
Key aspects to be considered by businesses are included in the table below.
Conclusion
As the General Product Safety Regulation 2024 takes effect, businesses and consumers alike will benefit from enhanced protections and stricter safety standards, fostering a safer market environment.
If you’re a business wondering what the GPSR means to you in practice, feel free to reach out to us. Happy to help!
[1] Regulation (EU) 2023/988 of the European Parliament and of the Council of 10 May 2023 on general product safety, amending Regulation (EU) No 1025/2012 of the European Parliament and of the Council and Directive (EU) 2020/1828 of the European Parliament and the Council, and repealing Directive 2001/95/EC of the European Parliament and of the Council and Council Directive 87/357/EEC.
[2] i.e. Directive 2001/95/EC of the European Parliament and of the Council of 3 December 2001 on general product safety (also known as the “General Product Safety Directive”) and the Council Directive 87/357/EEC of 25 June 1987 on the approximation of the laws of the Member States concerning products which, appearing to be other than they are, endanger the health or safety of consumers (also known as the “Food Imitating Product Directive”).
[3] GPSR, Preamble Para. (4).
[4] As mentioned in the explanatory note available on the EC website at https://commission.europa.eu/business-economy-euro/doing-business-eu/eu-product-safety-and-labelling/product-safety/general-product-safety-regulation_en (last accessed on 3 October 2024).
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