The agreement on 29 November 2022 brings the adoption of the new General Product Safety Regulation (GPSR) just a few steps away from adoption.
The 2001/95/EC General Product Safety Directive (GPSD) is in force for more than 20 years. The aim of the GPSD is to set a safety net for all products not regulated elsewhere. The introduction of E-Commerce is one of the main reasons to start the work on the revision of the GPSD. The changes apply in addition to the Digital Services Act.
With the latest provisional agreement in the European Parliament and Council the adoption is close to finalization..
It is expected that the final adoption will be in March 2023. Once adopted the new General Product Safety Regulation (GPSR) may come into force 18 months later.
- E-commerce: Online platforms would need single points of contact for product safety, and they would have duties for keeping track of their sellers. Authorities could order unsafe products to be delisted.
- Responsible Person: companies can only sell in the EU if they have a responsible party in the EU. Responsible parties would need to be able to answer authorities and provide required documentation and information.
- Recalls: Authorities would get more options to request for more effective product recalls. The aim is to raise the return rates by offering consumers refunds, repairs, or replacements, where adequate.
- Technical documentation: Manufacturers should establish documentation in order to prove the safety of their products (including details of the product, risk assessment and a list of standards used to show compliance) to be kept for 10 years.
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