The General Product Safety Regulation (GPSR) came into force on December 13, 2024. It concerns ensuring product safety in the European Union. Its aim is to protect consumers from products that may pose a risk to health, safety, or the environment. This regulation requires manufacturers, importers, and distributors to ensure that products placed on the EU market are safe and to monitor their safety after they are placed on the market.
Scope of application
The regulation covers consumer products that may pose a risk, such as household appliances, toys, electronics, clothing, and cosmetics. This applies to both products introduced to the EU market by manufacturers from European Union countries and importers from outside the EU. Products covered by separate regulations on safety, health, environmental protection, or medical products are not subject to this regulation, as they already have their own specific standards and legal regulations.
Responsible person
Under the new regulations introduced by the GPSR Regulation, every product sold on the European Union market must have a designated "responsible person." This is one of the key requirements intended to increase accountability for the safety of products available on the market. A "responsible person" is a natural or legal person who takes responsibility for the product in the event of any safety issues. This may be the manufacturer, importer, distributor, or any other entity with the ability to monitor and control the safety of the product throughout the supply chain.
Product safety
Economic operators are required to place or make available only safe products on the market (general safety requirement). The regulation introduces new elements for assessing product safety:
- evaluation of the product presentation (for example, to exclude appearances suggesting a use other than the actual use of the product)
- specific risks that the product may pose (for example, related to cybersecurity in electronic products)
A product should be assessed as safe starting from the design phase, i.e. even before the first prototype.
Product recall and withdrawal from circulation
If a product is deemed unsafe, it may be recalled or withdrawn from the market. The regulation formalizes the procedure for notifying product withdrawals or recalls, including:
- the notice is to be available in languages appropriate for specific consumer groups,
- the notification must include a description of the risks associated with continued use of the product, along with suggestions for actions and remedies, information on legal assistance for consumers and the manufacturer's contact details.
If a product needs to be recalled from a consumer due to its dangerous nature, the business must repair the recalled product, propose a safe alternative of the same value and quality, or refund the product's value at least as much as the price paid by the consumer. The business must offer the consumer (free of charge) at least two of the three solutions, with the final choice of the solution resting with the consumer.
Product safety monitoring
Any accident involving a product must be immediately reported by the manufacturer to the President of the Office of Competition and Consumer Protection. If an accident is detected by the distributor or importer of the product, they inform the manufacturer. The manufacturer utilizes the Safety Gate early warning system, which allows for coordination of actions in the event of the detection of a dangerous product on the domestic market. The manufacturer is obligated to ensure that the products they introduce to the market are designed and manufactured in accordance with general safety requirements. This requires the implementation of appropriate procedures, which include conducting internal risk analyses and creating and updating appropriate technical documentation.
Obligations of owners selling products remotely
A distance seller will also be required to provide identifying information about the manufacturer – their name, registered trade name or registered trademark, and the postal and email address where they can be contacted. If the manufacturer is not resident or established in the EU, the name, postal and email address of the responsible person must be provided. Information enabling product identification will also be required, including its image, type, and other identifiers.
Failure to comply with the regulation may result in financial penalties, including fines, and administrative sanctions being imposed on manufacturers, importers, and distributors. In extreme cases, products may be completely withdrawn from the market.
This article is for informational purposes only and does not constitute legal advice.
Legal status as of February 18, 2025
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