General product safety regulation (2023)

 

SUMMARY OF:

Regulation (EU) 2023/988 on general product safety, amending Regulation (EU) No 1025/2012 and Directive (EU) 2020/1828, and repealing Directive 2001/95/EC and Directive 87/357/EEC

WHAT IS THE AIM OF THE REGULATION?

KEY POINTS

The regulation:

This regulation provides obligations for the relevant economic operators* and providers of online marketplaces and also clarifies market surveillance rules and the powers of national authorities. It is closely linked to other relevant EU legislation, such as the market surveillance regulation and the Digital Services Act.

This regulation will be implemented by all relevant actors, taking due account of the precautionary principle.

Safety requirements

Economic operators will place or make available on the market only safe products (general safety requirement).

Information on unsafe products

Requirement to have a responsible economic operator in the EU

For each product covered by the regulation, there has to be a responsible economic operator in the EU (an EU manufacturer, importer, authorised representative or a fulfilment service provider) entrusted with tasks relating to the safety of the product.

Main obligations of manufacturers:

Manufacturers may appoint an authorised representative to carry out their obligations.

Main obligations of importers:

Main obligations of distributors:

Economic operators' horizontal obligations:

Specific product safety obligations of providers of online marketplaces

The following product-specific obligations build on the horizontal requirements of the Digital Services Act:

Market surveillance and implementation

The Consumer Safety Network of national authorities, coordinated by the Commission:

Market surveillance authorities:

The Commission:

The regulation amends Regulation (EU) No 1025/2012 (see summary) and Directive (EU) 2020/1828 (see summary) and repeals Directives 87/357/EEC (see summary) and 2001/95/EC (see summary).

FROM WHEN DOES THE REGULATION APPLY?

It applies from 13 December 2024.

BACKGROUND

The regulation repeals the general product safety directive from 2001 and provides a new EU general product safety framework to keep up with the challenges of digitalisation and the increasing amount of goods and products sold online.

KEY TERMS

Economic operator. Manufacturer, authorised representative, importer, distributor, fulfilment service provider or any person subject to legal obligations on manufacturing or making a product available.

MAIN DOCUMENT

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 (OJ L 135, 23.5.2023, pp. 1–51).

RELATED DOCUMENTS

Directive (EU) 2020/1828 of the European Parliament and of the Council of 25 November 2020 on representative actions for the protection of the collective interests of consumers and repealing Directive 2009/22/EC (OJ L 409, 4.12.2020, pp. 1–27).

Successive amendments to Directive (EU) 2020/1828 have been incorporated into the original text. This consolidated version is of documentary value only.

Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019 on market surveillance and compliance of products and amending Directive 2004/42/EC and Regulations (EC) No 765/2008 and (EU) No 305/2011 (OJ L 169, 25.6.2019, pp. 1–44).

Directive (EU) 2019/770 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the supply of digital content and digital services (OJ L 136, 22.5.2019, pp. 1–27).

Directive (EU) 2019/771 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the sale of goods, amending Regulation (EU) 2017/2394 and Directive 2009/22/EC, and repealing Directive 1999/44/EC (OJ L 136, 22.5.2019, pp. 28–50).

Consolidated version of the Treaty on the Functioning of the European Union – Part Three – Union policies and internal actions – Title XV – Consumer protection – Article 169 (ex Article 153 TEC) (OJ C 202, 7.6.2016, p. 124).

Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25 October 2012 on European standardisation, amending Council Directives 89/686/EEC and 93/15/EEC and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/23/EC and 2009/105/EC of the European Parliament and of the Council and repealing Council Decision 87/95/EEC and Decision No 1673/2006/EC of the European Parliament and of the Council (OJ L 316, 14.11.2012, pp. 12–33).

See consolidated version.

Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council (OJ L 304, 22.11.2011, pp. 64–88)

Directive 2001/95/EC of the European Parliament and of the Council of 3 December 2001 on general product safety (OJ L 11, 15.1.2002, pp. 4–17).

See consolidated version.

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 (OJ L 192, 11.7.1987, pp. 49–50).

last update 08.12.2023