As of 13 December 2024 new obligations will apply to European manufacturers, importers, distributors and retailers of consumer products. The new EU Regulation 2023/988 of 10 May 2023 on general product safety (hereinafter: the “Regulation“) tightens the requirements for product safety as well as the rules on the obligations and responsibilities of addressees of the Regulation. However as a change compared to the previous directive, the Regulation also applies to operators and providers of online marketplaces where consumer products are offered. The Regulation comes into force on 13 December this year and replaces the General Product Safety Directive of 2001.

The Regulation aims to improve the functioning of the internal market while ensuring a high level of consumer protection. It is the general product safety regulation and does not apply to products that are subject to more specific regulation, e.g. children’s toys. Also materials of animal origin that are not consumed by humans, pesticides, living plants, food or feed are not subject to the scope of the Regulation.

All addressees of the Regulation must take appropriate measures to ensure their products are safe when placing or making them available on the market. For example, manufacturers must carry out an internal risk analysis. Manufacturers are also obliged, before placing their products on the market, to draw up technical documentation which should contain the information necessary to demonstrate the safety of the product. This technical documentation should be based on the internal risk analysis of the product. In particular, the documentation should contain a general description of the product and the essential characteristics relevant for assessing its safety and must be kept for 10 years after it has been placed on the market. A manufacturer is now defined in the Regulation as any natural or legal person who manufactures a product or has a product designed and manufactured and markets it under his name or trademark.

Information such as serial numbers or other unique identifiers and contact information of the manufacturer shall be placed on the product itself or at least on its packaging or in a document accompanying the product. Clear instructions and easily understandable safety information must also be handed over with the product. Additionally, general information about the product can be provided in digital form, e.g. by means of QR codes or data matrix codes. If the product is sold online, the name or brand of the manufacturer as well as the postal address and the e-mail address for contacting the manufacturer as well as identification details and any warnings or safety information must already be provided in the offer for the product. If the manufacturer has no registered office within the EU, a responsible person must be indicated in order to determine who is responsible for fulfilling the obligation under the Regulation. If a product is to be placed on the market and the manufacturer has no registered office in the EU, such a responsible person established in the EU must be indicated in order to oblige someone within the borders of the EU to compliance with the Regulation instead of the manufacturer or importer.

With regard to providers of online marketplaces the regulation essentially obliges them to monitor the information they transmit or store . They must remove content relating to offers for an unsafe product from their online interfaces as soon as they become aware of it. Consumers in the EU may therefore not be offered products for sale online that do not meet the safety requirements of the Regulation.

If a product is recalled due to safety concerns economic operators and providers of online marketplaces are now obliged to inform all affected consumers they can identify of this fact. This recall notice must contain the following: the heading “ product safety recall“; a clear description of the product; a description of the risks associated with the product, easy-to-understand instructions for consumers and a description of the available remedies. The recall notice also has to include a free telephone number or interactive online service where consumers can obtain further information. The recall notices and other safety alerts are to be sent to consumers without undue delay by the addressees of the regulation on the basis of the customer data that consumers provide to them. Consumers shall therefore be encouraged to register their purchases through existing product registration systems or loyalty programs and the Regulation encourages its addressees to set up such registration facilities. This registration should serve as a direct contact to consumers in the event of a product recall.

In addition, in the event of a product recall, operators must offer the consumer at least two of the following remedies: Repair of the product, replacement of the product or adequate refund of the value of the product. The offer of these remedies is without prejudice to the possibility of offering other benefits, such as a discount on further purchases.

We at will keep an eye on developments relating to the new regulation for you and will keep you informed of any significant events. We are of course always available to answer your questions about this and other topics.