Regulation (EU) 2023/988 of the European Parliament and of the Council of 10 May 2023 on product safety in general, also known as the General Product Safety Regulation (GPSR), which replaces the General Product Safety Directive and ushers in a new era of consumer protection, entered into force on 13 December 2024.

The GPSR applies to consumer products (products designed specifically for professional use and then placed on the consumer market must also comply with the GPSR).

The GPSR complements other specific EU safety laws.

The Regulation introduces a number of important changes affecting economic operators (EOs) and authorities, aiming to improve product safety standards across the EU.

1. Product range:

The regulation now covers a wider range of products, including products sold online, new products, used products, and repaired or refurbished products.

List of exemptions: - Medicinal products for human or veterinary use, - Food and feed, - Live plants and animals, genetically modified organisms and microorganisms of limited use, of animal origin and by-products, plant protection products, - Transport equipment operated by a service provider, low-risk aircraft, antiques, - Products clearly marked for repair or refurbishment before use.

2. Enhanced risk assessment: Economic Operators must conduct a more rigorous risk assessment throughout the product life cycle.

3. Enhanced accountability of economic operators: A responsible economic operator in the EU (manufacturer, importer, authorised representative or EU fulfilment service provider) will be given responsibilities related to the safety of each product covered by the regulation.

4. Enhanced market surveillance: National authorities have more powers to conduct more effective product inspections and take action against unsafe products. RAPEX, the rapid alert system for dangerous products, is now renamed “Safety Gate” and focuses on better communication of measures taken on dangerous non-food products.

5. Key obligations of stakeholders:

5.1 Key obligations of the manufacturer:

- Ensure that the product is safe by design;

- Carry out an internal risk analysis and prepare relevant technical documentation;

- Take immediate action and notify consumers and national regulatory authorities, via the Safe Business Portal, if they believe that a product on the market is dangerous;

- Share information about accidents;

- Provide essential information on product safety and traceability on the product or its packaging;

- Provide contact information for receiving complaints, investigating complaints and maintaining an internal register of complaints received.

The manufacturer may designate an authorized representative to carry out its obligations.

5.2. Main obligations of the importer:

- Ensure that products comply with the general safety requirements of the regulation, refusing to place on the market any product that they consider does not meet these requirements;

- Provide their contact details on the products and check that they are accompanied by clear instructions and safety information;

- Take responsibility for the items in their care during transport and storage;

- Notify the manufacturer and the national market surveillance authority, via the Safe Business Portal, if they believe that a dangerous product is on the market and ensure that the public is warned.

5.3. Main obligations of the distributor:

- Ensure that the manufacturer and, where applicable, the importer comply with the requirements of the regulation, refusing to place on the market any product that they consider does not meet these requirements;

- Notify manufacturers, importers and national regulatory authorities, via the Safe Business Portal, if they believe a dangerous product is on the market and ensure appropriate action is taken.

5.4. General obligations of economic operators:

- Establish internal product safety procedures to comply with regulations;

- Cooperate with market surveillance authorities to eliminate or reduce risks from any products they place on the market;

- Provide, upon request of the competent authority, specific product information (risks, complaints, remedies) for 10 years and supply chain traceability information for 6 years;

- Notify the competent authority of accidents caused by the product;

- Provide data to a traceability system that the European Commission may establish to store detailed information on products that are likely to pose a serious risk to public health and safety;

- Directly notify all affected consumers of product safety recalls and safety warnings, in the event of a product recall, using the mandatory recall notification form;

- Provide consumers with a choice of at least two of the following remedies after a product is recalled: repair or replacement of the product or a satisfactory refund;

- Comply with the specific rules for distance selling by providing, as part of the pre-contractual product offer, detailed information about the manufacturer or their representative, a clear description of the product and any warnings or safety information, as in a traditional store.

5.5. Specific product safety obligations of online goods providers

The following product-specific obligations are based on the general requirements of the Digital Services Act:

- Implement two single points of contact for direct communication on safety issues: one for the market surveillance authority, the other for the public;

- Register with the Safety Gate portal;

- Have internal product safety procedures;

- Ensure that the list cannot be published without the minimum information on product safety and traceability provided by the relevant trader (obligation to comply by design);

- Check randomly whether the products offered are safe using public databases, including the Safety Gate portal;

- Respond in a short time to government orders and third party notifications and ensure that deleted listings cannot reappear;

- Provide appropriate and timely information to consumers when a product is recalled by directly contacting all those who have purchased the product on their website and publishing details on their website;

- Notify, in the event of a recall or accident, the relevant economic unit and notify and cooperate with market surveillance authorities.

For more information, please refer to:

Product Safety Legislation: https://ec.europa.eu/safety-gate/#/screen/pages/productSafetyLegislation

EU Legislation Summary: General Product Safety Regulation (2023): https://eur-lex.europa.eu/EN/legal-content/summary/general-product-safety-regulation-2023.html

EU Product Safety: https://commission.europa.eu/business-economy-euro/doing-business-eu/eu-product-safety-and-labelling/product-safety_en

Source: Vietnamexport