The new General product safety regulation (GPSR) will update current rules (directive) to ensure products sold both offline and online are safe and live up to EU standards.
All products traded in EU subject to general safety requirements but per challenges of digitalization, increasing amount of goods, products sold online, rules no longer fit.
Rules no longer suited for current developments and challenges so GPSR transforms directive from 2001 into regulation and modernizes rules for all economic operators.
I.e. manufacturer, importer, distributer, updates for online business and marketplaces.
It will help to reduce number of dangerous products sold both offline and online in EU.
Online marketplaces will have to ensure they know the traders who operate on their platforms and the products they offer.
Market surveillance authorities to be able to issue orders requiring online marketplaces to remove dangerous products from their platforms or to disable access to such offers.
The GPSR also creates a single market surveillance regime that applies to all products.
Economic operators must have a responsible person for products sold online and offline, whether they originate from the EU or from a third country.
Consumers will be better protected and will be entitled to a refund or replacement.
Reg will ensure sound legal framework to guarantee products are safe, follow EU rules.
Negotiating Mandate
The annex contains the mandate on the proposal for a regulation on general product safety, amending regulation 1025/2012 and repealing Council directive 87/357/EEC and directive 2001/95/EC, as approved by COREPER at its meeting on Jul. 20, 2022.
Nov. 2022 Provisional Agreement
On Nov. 29, 2022, EU CNCL announced provisional agreement with EP on the GPSR.
GPSR links product safety challenges to new technologies, online marketplaces e.g. they would be required to establish single point of contact in charge of product safety.
More details on consumer protection, other aspects; provisional agreement subject to approval by Council, EP; at Council’s side approval by Coreper pre adoption procedure.
EP said aim is to ensure all kinds of products comply with highest safety requirements.
When assessing product safety EP included measures to guarantee risks to the most vulnerable consumers (children), gender aspects, cybersecurity risks are considered.
In case of safety recall/warning, economic operators and online marketplaces will need to inform all affected consumers they can identify, widely disseminate the information.
Recall notices to avoid expressions that can decrease consumers’ perception of risk.
The EP, in Mar. 2023, and Council need to endorse the agreement before the regulation is published in the EU Official Journal, enters into force; it will apply 18 months after.
Dec. 2022 EU CNCL Letter to EP
On Dec. 22, 2022, EU CNCL issued note dated Dec. 21, 2022, attaching letter to EP.
Confirmed that a draft overall compromise package was agreed by COREPER, and that should EP adopt this position at first reading in the form set out, act shall be adopted.
Mar. 2023 EP Approval
On Mar. 30, 2023, EP approved revised EU product safety rules of non-food consumer products; 569 votes in favor, 13 against, no abstentions; aligns the General product safety directive with digitalization developments and the increase in online shopping.
Every product sold must have someone who takes responsibility for it inside the EU.
Unsafe products will be removed from websites in 2 days; consumers will be informed directly via email, and have a right to repair, replacement or refund if product recalled.
EU CNCL will need to formally endorse the text before its publication in the EU official journal and entry into force; the regulation will apply 18 months after entry into force.
Apr. 5, 2023 EU CNCL Note on EP First Reading
On Apr. 5, 2023, EU CNCL issued information note on outcome of the EP first reading.
When it voted on Mar. 30, 2023, the plenary adopted the compromise amendment (amendment number 237) to the proposal; no other amendments were adopted.
The Commission's proposal as thus amended constitutes the Parliament's first-reading position, which is contained in its legislative resolution, as set out in Annex to the note.
Parliament's position reflects what had been previously agreed between institutions.
The Council should therefore be in a position to approve the Parliament's position.
Act would then be adopted in wording which corresponds to the Parliament's position.
Apr. 12, 2023 Final Text
On Apr. 12, 2023, EU CNCL issued the final text of legislative act (PE-CONS 79/22).
Apr. 15, 2023 EU CNCL Adoption Note
On Apr. 15, 2023, EU CNCL issued item note concerning the adoption of the regulation.
On Mar. 30, 2023, EP adopted its position at first reading on the Commission proposal.
The outcome of voting in the European Parliament reflects the compromise agreement reached between the institutions and should, therefore, be acceptable to the Council.
COREPER asked to confirm agreement and to suggest that the Council approve the EP's position, as set out in PE-CONS 79/22, as an "A" item at a forthcoming meeting.
Statements for the minutes of the Council meeting are set out in Addendum to note.
If the Council approves the EP's position, the legislative act will be adopted.
Apr. 25, 2023 EU CNCL Adoption
On Apr. 25, 2023, EU CNCL adopted the general product safety regulation (GPSR), which reinforces the safety rules for products sold both offline and online.
Document dated Apr. 25, 2023, was received on Apr. 26, 2023, due to a fixed feed.
The regulation will reinforce market surveillance for unsafe products and consumer rights for anyone who has been sold an unsafe product.
Following approval by the Council, the legislative act has now been adopted.
After being signed by the President of the EP and the Council, the regulation will be published in Official Journal, and will enter into force on the 20th day after publication.
Following the formal adoption of the regulation and its entry into force, member states will have 18 months to apply the new rules on general product safety.
May 2023 Official Journal
On May 23, 2023, EU CNCL issued final Reg 2023/988 on general product safety in OJ.
Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union; it shall apply from Dec. 13, 2024.
Member States shall not impede products covered by Dir 2001/95/EC which are in conformity with that directive and which were placed on market before Dec. 13, 2024.
Directives 87/357/EEC and 2001/95/EC are repealed with effect from Dec. 13, 2024.
Jun. 2023 New Regulation in Force
On Jun. 12, 2023, EU CMSN confirmed stronger product safety rules now in force.
Document dated Jun. 12, 2023, received Jun. 13, and summarized on Jun. 14, 2023.
In Oct. 2023, EC issued initiative on product safety recall notices, see #188144.
In Oct. 2023, EC issued initiative on safety gate single contact points, see #188145.
In Oct. 2023, EC issued initiative on GPSR reporting indicators, see #188146.
In Nov. 2023, EC issued initiative on dangerous product reporting, see #190010.
In Nov. 2023, EC issued initiative on safety gate interoperable interface, see #190011.
