The European Commission recently published a Q&A document to address some recurring questions concerning the application of the General Product Safety Regulation (Regulation EU 2023/988). With its application date coming in only a few days, the industry must be prepared to place only compliant products on the EU market. From 13 December 2024, only GPSR compliant product can be placed on the EU market. Products placed before that date can stay on the market.
Some of the questions discussed in the document include:
When does the GPSR apply?
The GPSR applies to products (physical and digital) for which there are no other specific provisions of regulations for the safety of the product. For instance, safety of toys is already regulated by the Toy Safety Directive.
However, even in such cases the GPSR can apply, but only to aspects and risks not covered by those specific safety requirements. Remarkably, some provisions of the GPSR applies to all products, such as the requirements for distance sales.
How does the GPSR apply to second-hand products?
The GPSR covers also second-hand products. In this sense, the GPSR applies to all products placed on the EU Single Market, whether new, used, or repaired. By contrast, products clearly marked as to be repaired or reconditioned as well as antiques are excluded. However, the requirements differ based on who is selling the second-hand product. Economic operators or traders selling second-hand products must ensure that the products comply with the GPSR. On the contrary, consumers selling second-hand products have no specific obligations under the GPSR, unless they are considered to be an “economic operator” or a trader.
Does an item provided free of charge fall within the scope of the GPSR?
Yes, the GPSR applies also to items provided free of charge. According to Article 3.1, the definition of product is “any item, whether or not it is interconnected to other items, supplied or made available, whether for consideration or not, including in the context of providing a service, which is intended for consumers or is likely, under reasonably foreseeable conditions, to be used by consumers even if not intended for them”.
Do GPSR obligations apply to businesses of all sizes?
The GPSR obligations apply to businesses of all sizes. However, micro and small online platforms under the Digital Services Act are exempt from certain obligations.
Do businesses need to perform a risk assessment for all products? Who is responsible for risk assessment?
When placed on the EU market, the manufacturers must ensure that the product is safe and therefore, they should conduct a risk analysis. The GPSR does not specify how manufacturers should carry out this risk analysis. At the same time, Article 9 sets out that the risk assessment should include some minimum information, including the product’s essential safety characteristics.
Do all products covered by the GPSR need to have a technical documentation?
Yes, all products covered by the GPSR must have a technical documentation. This should include at least the general description of the product and its essential characteristics relevant for assessing its safety. The amount of information that needs to be included is determined on a case-by-case approach.
What are the tasks of the ‘responsible person’ under Article 16(1) of the GPSR?
Among others, the tasks of the responsible person include ensuring that the product complies with the technical documentation provisions, provides information on the identification of product, manufacturer, and other safety information appropriately.
What is meant by ‘electronic address’?
‘Electronic address’ refers to forms of direct communication, e.g., email or contact form on a website. The electronic address cannot be a static website or a phone number.
Can manufacturers label products digitally only, e.g. with a QR code?
No, providing a QR code is not sufficient to comply with the labelling obligations for GPSR products.
More questions on the GPSR? Check out our GPSR articles or contact us at prodlaw@obelis.net
What is the technical documentation?
Who is considered the manufacturer?
Who is the responsible person?
What information should labels display?
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References:
European Commission (2024). EU General Product Safety Regulation Frequently asked questions (FAQ). Retrieved on 03/12/2024.
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