In 2023, the European Parliament and the Council of the European Union introduced a new regulation on general product safety, known as EU Regulation 2023/988. The goal is to update existing rules to address modern market challenges, especially with the rise of digital technology and online sales. In this article, we will look at the most important changes brought by this new regulation and how it will affect businesses in the European Union.
Purpose of the regulation
The main purpose of the regulation is to ensure a high level of consumer protection and to create fair conditions for businesses. The new rules aim to improve how the EU market functions by replacing older regulations, such as the 2001 General Product Safety Directive and the directive on food-imitating products. The new regulation covers a wide range of products, including new, used, repaired, or refurbished items, sold both online and in physical stores.
Scope of the regulation
This regulation applies to products that are sold or made available in the European Union, which are not already covered by other EU product safety laws. It’s important to note that the regulation does not apply to products like medicines, food, live plants and animals, antiques, or products that need repair before use if they are clearly labeled as such.
New safety requirements
Businesses, including manufacturers, importers, and distributors, must only sell safe products. The safety of a product must be assessed by considering its design, composition, packaging, user instructions, and the types of consumers who will use it. Special attention should be given to products that look like food, are attractive to children, or have cybersecurity features.
Reporting dangerous products
If a product is found to be dangerous in one EU member state, it is automatically considered dangerous in all other member states. In such cases, businesses must publicly announce product recalls and offer free corrective actions to consumers, such as repair, replacement, or refund.
Obligation to appoint a responsible economic operator in the EU
The regulation requires that every product sold in the EU must have a responsible economic operator, such as a manufacturer, importer, authorized representative, or fulfillment service provider. This operator is responsible for ensuring product safety, informing about potential hazards, and keeping technical documentation and complaint records for a certain period.
Duties of manufacturers, importers and distributors
Manufacturers must design products to be safe, conduct risk analyses, and inform authorities and consumers of any potential dangers. Importers must ensure that products meet safety standards and report dangerous products to manufacturers and authorities. Distributors must monitor product compliance with regulations and inform others about potential risks.
Responsibilities of online marketplace operators
The new regulation also imposes duties on online marketplace operators. They must set up contact points for communication with authorities and consumers, register on the Safety Gate portal, and implement procedures to ensure product compliance. Operators must also check the safety of the products offered and inform consumers about product recalls.
Market surveillance and implementation
National market surveillance authorities are responsible for enforcing product safety regulations. The regulation introduces harmonized surveillance rules and allows authorities to conduct coordinated inspections to ensure product compliance. Additionally, member states must establish effective penalties for non-compliance.
Conclusion and importance of the regulation
The new EU regulation on general product safety introduces several important changes aimed at improving consumer protection and the functioning of the internal market. Businesses must adjust their procedures to meet the new requirements to ensure compliance and avoid potential penalties. The introduction of responsible economic operators and stricter market surveillance will lead to better monitoring and elimination of risks related to products sold in the EU.
The regulation takes effect on December 13, 2024, giving businesses limited time to adapt to the new requirements. However, the benefits of improved product safety and increased consumer trust in the market make it worth the effort to fully implement the new regulations.
A safer market thanks to new regulations
EU Regulation 2023/988 is an important step towards making products sold in the EU safer. Its implementation requires businesses to comply with new, stricter rules, which will improve consumer protection and strengthen trust in the internal market. The new regulations, which consider technological advances and the growth of online sales, aim to prevent dangerous products from entering the market, ultimately raising safety and quality standards for all goods.
Is your company ready for the new challenges of EU Regulation 2023/988?
Our RCC Research and Development Center offers comprehensive support to help you adapt your products to the new standards. We offer specialized training on the key aspects of the Regulation, helping your company fully understand and implement the legal requirements. Contact us to learn how we can help you ensure full compliance with the regulations and improve the quality of your products.
Let’s work together to make the market safer for all consumers!
