The new EU product safety regulation
 

The new Product Safety Regulation was adopted as early as May 2023, and Regulation (EU) 2023/988 on general product safety entered into force in mid-June 2023. Its provisions will apply directly in all Member States 18 months later, starting on December 13, 2024. The regulation will then replace the Product Safety Directive 2001/95/EC from 2001.

What is the Product Safety Regulation about?

The Product Safety Regulation sets out the requirements that products must meet to be safely placed on the European market. This includes general safety requirements as well as specific requirements for certain product categories. A key element of the regulation is the obligation of economic operators – manufacturers, importers, and distributors – to ensure that the products they sell comply with the established safety requirements.

Which products are covered by the regulation?

The Product Safety Regulation does not generally apply to products that are placed on the market before December 13, 2024.  This is a strict cut-off date rule regarding distribution. This is relevant, for example, if products are launched on December 13th that are identical in construction to products that were already sold earlier. The new regulations apply to the new products.

Of course, the existing regulations, such as the Product Safety Directive or the Product Safety Act, apply to these products.

Which product categories are generally excluded?

Certain categories are exempt from the Product Safety Regulation. These are:

·         Human and veterinary medicinal products

·         Food and animal feed

·         Living plants and animals, animal by-products and derivatives

·         Plant protection products

·         Means of transport and aircraft

·         antiques

What are the main innovations?

The regulation imposes specific information obligations on online retailers.

In particular, certain information must be provided about the products in the shop or marketplace: 

• Postal address and email address of the manufacturer (if the manufacturer is not based in the EU, the address of the economic operator established in the EU and additionally the manufacturer's address)
• Information for product identification, in particular an image
• Warnings and safety instructions to be affixed to or included with the product

Importers should be aware that they may, under certain circumstances, become manufacturers within the meaning of the regulation. This generally applies if goods are manufactured under their own brand outside the EU. 

If you are merely an importer, you do not become a manufacturer by naming a responsible person, a so-called responsible economic operator.

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