The new EU product safety regulation
The new Product Safety Regulation was adopted in May 2023 and Regulation (EU) 2023/988 on general product safety came into force in mid-June 2023. Its provisions will apply directly in all member states 18 months later, from 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 specifies the requirements that products must meet in order to be placed safely on the European market. This includes general safety requirements as well as specific requirements for certain product categories. A central element of the regulation is the obligation of economic operators - manufacturers, importers and distributors - to ensure that the products they sell comply with the specified safety requirements.
To which products does the regulation apply?
The Product Safety Regulation does not apply to products that are released for sale before 13. 12. 2024. This is a strict cut-off date regulation in relation to distribution. This is relevant, for example, if products are launched on the market on December 13th that are identical products that were already distributed earlier. The new regulations apply to the new products0
Of course, the existing regulations, e.g. the Product Safety Directive and 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
- Live plants and animals, animal by-products and derived products
- Plant protection products
- Means of transportation and aircraft
- Antiques
What are the main innovations?
The regulation imposes special information obligations on online retailers.
In particular, certain information must be provided about the products in the store or marketplace:
- Postal address and e-mail address of the manufacturer (if the manufacturer is not established in the EU, of the economic operator established in the EU and additionally the manufacturer's address)
- Information to identify the product, in particular an image
- Warnings and safety instructions to be affixed to or attached to the product
Importers should note that they may become manufacturers within the meaning of the Regulation. In principle, this applies if you have goods manufactured outside the EU under your own brand.
If you are merely an importer, you do not become a manufacturer if you appoint a responsible person, a so-called responsible economic operator.
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