Mandatory from December 2024
The new Product Safety Regulation (EU) 2023/988 came into force on December 13, 2024 and replaces the previous Product Safety Directive 2001/95/EC and thus also the ProdSG to a large extent. There is already a draft law for the corresponding amendment to the ProdSG. As the Product Safety Regulation (EU) 2023/988 is a regulation, it applies directly in all EU member states and does not need to be transposed into national law. You can find out exactly what this means in our blog post.
WHAT DOES THE NEW REGULATION REGULATE?
The GPSR (EU Regulation 2023/988) ensures that products placed on the market and used by consumers meet the required safety standards. Its aim is to prevent potential risks to the health and safety of consumers. The regulation thus strengthens both consumer protection and confidence in the European single market.
In contrast to the previous regulation, all economic operators are now explicitly obliged to only place or make available safe products on the market. A product continues to be any item that is intended for consumers or is used by them under reasonably foreseeable conditions.
The new product safety regulation includes new obligations for manufacturers, new safety assessments of products and obligations for importers and distributors.
Obligations of economic operators
According to the regulation, importers and distributors are responsible for ensuring the safety of products before placing them on the market or reselling them. This is to ensure that only safe products are placed on the market.
The important thing is:
- Preparation of a risk analysis and technical documentation
- Introduction of a product monitoring system
- Labeling requirement: Type, serial or batch number and manufacturer data (name, address, e-mail) must be affixed to the product
- Provision of safety information and instructions for use
Risk assessment
The assessment criteria for product safety have been expanded:
- When assessing the safety of a product, it is important to consider how they interact with other products and whether safety-relevant properties are influenced by this.
- New factors such as cyber security and software updates are also important, as many products now contain digital components.
Online trading and distance selling
Extended information obligations apply to online offers. Suppliers and retailers must make important data visible when selling, including
- Manufacturer information
- Identification numbers and product images
- Warnings and safety information
Special requirements for changes to products
- Anyone who makes significant changes to a product (e.g. software updates or physical modifications that affect safety) is considered a manufacturer and assumes the associated obligations.
Stricter product recalls
- In the event of safety problems, the manufacturer must immediately take corrective measures for the affected products, which may include a recall.
- The measures must be clearly communicated to the consumer.
- This includes repairs, replacement deliveries or refunds.
BRIEFLY SUMMARIZED
For the industry and its suppliers, the new regulation means above all
- Increased transparency and documentation requirements
- Extended security assessments for digital and physical products
- Liability for changes to products
- Stricter recall requirements to protect consumers
You can take a look at the entire new Product Safety Regulation here: https://eur-lex.europa.eu/legal-content/DE/TXT/?uri=CELEX:32023R0988
Do you need experts to support you in implementing the new Product Safety Regulation? Get in touch with us today!