The General Product Safety Directive 2001/95/EC has been revised to update and modernize the general framework for the safety of non-food consumer products. With the transition to the new regulation currently in progress, SGS has announced a new assessment service for the new General Product Safety Regulation. This includes product safety assessments (for products which fall into the scope of Article 9.2) and product risk assessments (for products outside the scope of Article 9.2).
When was the new General Product Safety Regulation published?
The European Union published the Regulation (EU) 2023/988 on General Product Safety in the Official Journal of May 23, 2023. The new regulation replaces and repeals the General Product Safety Directive 2001/95/EC and 87/357/EEC, and amends Regulation (EU) 1025/2012 and Directive 2020/1828.
The General Product Safety Regulation entered into force on June 13, 2023. There will be an 18-month transition period before the new regulation is applied on December 13, 2024.
What is the aim of the regulation?
The General Product Safety Directive 2001/95/EC preserves its role as a safety net for consumers and ensuring a level-playing field for businesses. The publication is now a regulation, rather than a directive and imposes clear and detailed rules without risks of divergent transposition by Member States.
The General Product Safety Directive has been key to ensuring the safety of consumer products. However, it has been noted that too many products that do not comply with the current safety requirements are still circulating on the EU market. In addition to essential safety problems, this has proved costly for consumers and society, including health costs due to product-related accidents and additional costs relating to the circulation of dangerous products.
As a result, the following concerns needed to be addressed:
- Challenges linked to new technology
- Challenges related to the growth of online sales
- Complex market surveillance rules
- Potential lack of efficacy in recalling unsafe products from consumers
- Inconsistency of application for safety rules for food-imitating products across the EU
- Aligning provisions on standardization with relevant regulation
Problems are also expected to increase over time, due to increasing globalization and digitalization.
The change in regulation applies to products placed or made available on the European market, whether new, used, repaired or reconditioned, especially if there are no specific provisions with the same objective of safety under Union law.
What does the new regulation update?
The General Product Safety Regulation introduces several key updates:
- Definition of “Economic Operator”: clarifies roles (manufacturers, representatives, importers, distributors, service providers) with compliance obligations for product safety and market access. Non-EU companies must designate an EU-based responsible person for imports, highlighting the importance for online sales
- Addressing new hazards: focuses on risks from new technologies, such as cybersecurity threats, and updates rules and definitions for software
- Enhanced enforcement and surveillance: promotes better compliance and surveillance by mandating the Safety Business Gateway for accident reporting and information exchange. It also introduces arbitration for risk assessment disputes, and establishes the “Consumer Safety Network” for coordinated action
- Online sales challenges: imposes responsibilities on online marketplaces for registration, traceability, safety information, and cooperation with authorities, aligning online and offline sales requirements
- Effective product recalls: sets guidelines for consumer awareness on recalls, including direct notifications and use of the Safety Gate Portal to boost recall effectiveness
- Safety of food-imitating products: integrates the assessment of food-imitating product safety, repealing the directive 85/357/EEC and covering child-appealing products
- Standardizing procedures: introduces safety requirements under the GPSR procedure, the concept of “European Standard drafted in support of regulation,” and mandates the publication of these standards
These updates aim to improve product safety, address modern technological challenges, and ensure a unified approach to market surveillance and consumer protection.
How can SGS help?
Our new assessment service is available exclusively in the UK to help ensure product compliance with the new General Product Safety Regulation.
For products which fall into the scope of Article 9.2, we offer a product safety assessment service, which enables producers to meet the requirements of the article.
For products which fall out of the scope of Article 9.2, we offer a product risk assessment service, which can be used to meet the “reasonable foreseeable use“ requirement for product safety. This is particularly important for products for which there is no harmonized standard, or relevant national standard.
SGS offers significant expertise in this field, carrying out risk assessments on consumer products since 2006. All products across the full spectrum of consumer goods are covered by our team of technical experts. We offer a comprehensive service and technical support, covering everything from recommended physical and chemical testing to reviews of labelling and warnings, to ensure a safe transition to market.
For further information, please contact:
Rob Hinchcliffe
UK Hardlines Manager
SGS United Kingdom Ltd
t: +44 (0)151 350 6666