General Product Safety Regulation (Regulation (EU) 2023/988)
What is the General Product Safety Regulation?
The new General Product Safety Regulation (Regulation (EU) 2023/988), aka the GPSR, was published by the European Commission on 12th May 2023. The GPRS replaces the previous General Product Safety Directive 2001/95/EC (aka the GPSD). The aim of the GPSR is to bring the regulatory requirements for consumer products in-line with wider EU regulatory structures, and to address changes in the way such products are marketed and distributed via the likes of on-line retailers and marketplaces.
The new GPSR came into full effect on 13th December 2024, with the GPSD repealed on the same date.
What products come under the scope of the GPSR?
Most non-food Consumer Products that are offered for sale in the EU are in scope of the GPSR, including used, repaired and reconditioned products.
Under EU rules, ‘Consumer Products’ are goods that are specifically intended for use outside of a professional setting, or which could foreseeably be expected to be used for both professional and non-professional purposes. Product types specifically excluded from the GPSR include food and drink, plants and animals, antiques, aircraft, animal by-products, animal food and medicinal products.
How does the GPSR differ to the former GPSD?
The GPSR differs significantly and in a wide variety of ways from the GPSD that it replaces. The main key differences are listed below:
- The GPSR introduces the ‘Precautionary Principle’, requiring Manufacturers and other actors involved in the supply of consumer products to the EU market to take proactive steps to ensure the continuing safety of those products.
- Manufacturers are required to complete documented Risk Assessments of the products they will be placing on the market in the EU, and where necessary to actively address any risks to consumer safety the assessments may identify.
- Evidence of a product’s safety must be held by the Manufacturer in the form of written ‘Technical Documentation’.
- The GPSR adopts the concept of ‘Economic Operators’ as found in the EU’s Market Surveillance Regulation (EU) 2019/1020. It also introduces a mandatory requirement that an Economic Operator, legally established in the EU, is identified for any product within the scope of the GPSR that is placed on the European market. This Economic Operator is known as the ‘Responsible Person’.
- The GPSR introduces specific obligations for Providers of On-Line Marketplaces regarding compliance with the Regulations. ‘Provider of an online marketplace’ is defined as ‘a provider of an intermediary service using an online interface which allows consumers to conclude distance contracts with traders for the sale of products’. Examples of such Providers would include Ebay, Not On The High Street and ETSI.