快速指南：GPSR对欧盟产品安全的意义是什么？

What Does the GPSR Mean forProduct Safety in the EU? The General Product Safety Regulation (EU) 2023/988 (GPSR) is a new piece of consumer safetylegislation in the EU, which was adopted by the Council of the European Union on April 25, 2023,entered into force on June 12, 2023, and will become effective starting December 13, 2024. Theobjective of the GPSR is to improve the functioning of the EU’s internal market while establishingstrong consumer protection. To that effect, the regulation establishes key safety rules forconsumer products available on the market. Being a long-awaited revision and replacement of the EU General Product Safety Directive2011/95/EC (GPSD) and the Food Imitating Product Directive (87/357/EC), the GPSR introducesadditional requirements, safeguards and procedures for consumer products sold to EU buyers.Crucially, the regulation’s scope is not confined to businesses based within the EU: it alsoencompasses foreign manufacturers and online marketplaces that target EU consumers, whomust appoint an authorized representative within the EU to ensure compliance. This quick guide will provide an overview of the key changes introduced by the GPSR and theobligations it creates for different types of economic operators serving the EU consumer market. “The General Product SafetyRegulation (GPSR) will becomeeffective starting December 13,2024.” Part I: From the GPSD to the GPSR Why is the GPSD being replaced by the GPSR? The GPSD, originally adopted in 2001, has been a cornerstone of product safety in the EU,establishing the mandate that “products placed on the EU market must be safe”. While someproduct categories, such as toys, electrical products or batteries, are governed by specificstandards,the GPSD provided general regulations that applied to most consumer products(with certain exceptions). However, as manufacturing, technology and commerce have undergone massive changes overthe past two decades, the GPSD’s provisions had fallen behind and were increasingly in need ofan update. The result of that update isthe GPSR (General Product Safety Regulation), whichaddresses the gaps in the original directive, particularly in such areas as online marketplaces,e-commerce, and internet-connected devices. Compared to the GPSD, the GPSR also increasesprotections for vulnerable consumer groups, improves product recall procedures and expands thepowers of market surveillance authorities. In addition to the updated and tightened rules,the GPSR also enables greater harmonizationof EU consumer safety laws. As the new document is a Regulation (as opposed to the previousDirective), all EU member states must apply its rules directly, thus eliminating the risk of divergenttransposition in national legislations. EU Directives vs. EU Regulationsi Directive: Regulation: •Binding in its entirety on all EUMember States•Applies uniformly to all EU MemberStates•Applies immediately after entering intoforce, or after a fixed transition periodi •Requires an EU Member State toachieve a certain result, but leavesthem free to determine the exactmeasures to that effect•Must be transposed (incorporated)into national law by a certain deadline(usually within 2 years) When does the new General Product Safety Regulation take effect? The timeline for the GPSR adoption and entry into force is as follows: April 25,2023 May 23,2023 December 13,2024 June 12,2023 18-monthtransitionperiod End oftransitionperiod GPSRfully in effect Published inthe OfficialJournal of theEUiiI Adopted bythe Council ofthe EuropeanUnionii Entered intoforce What does the GPSR effective date and transition period mean for unsold stock? The 18-month transition period from June 12, 2023 to December 13, 2024 aimed to givebusinesses in the scope of law the opportunity to align their procedures with the newrequirements under the GPSR. Any unsold stock that is compliant with the original GPSD can remain on the market untilsold, provided that the products were placed on the EU market prior to December 13, 2024. After December 13, 2024: •GPSD-compliant productsalready on the marketcan remain until sold•Any new products must be compliant with the GPSR Part II: A Closer Look at the GPSR GPSR scope GPSR does notapply to: It is important to keep in mind that the GPSR, like itspredecessor, is an “umbrella” regulation that applies when noother directives or regulations set more specific rules for certainproduct types or aspects of product safety. •Medicinal products forhuman or veterinaryuse•Food and feed•Living plants andanimals, geneticallymodified organismsand microorganisms incontained use, as wellas products of plantsand animals relatingdirectly to their futurereproduction•Animal by-productsand derived products•Plant protectionproducts•Equipment on whichconsumers ride ortravel within thecontext of a transportservice and which isnot operated by theconsumers themselves•Aircraft•Antiques Example: household appliances and consumer electricals