CURRENT LEGAL ARTICLES

The General Product Safety Directive (GPSD) defines EU rules on General Product Safety Directive (GPSD). Under the directive, a product is safe if it meets all statutory safety requirements under European or national law.

Suppose no regulations or EU standards are referenced in the Official Journal of the European Union. In that case, regulations or EU standards referenced in the Official Journal of the European Union determine the product’s compliance according to other reference documents such as different European standards, national or international standards, Commission recommendations, or codes of practice.

The General Product Safety Directive applies to consumer products when there are no specific provisions with the same objective in the rules of EU Law governing the products’ safety. That means it applies totally to products such as child care articles or certain COVID-19-related products, such as sanitising gels and specific types of face masks and only residually to products where sectorial legislation exists, such as pharmaceuticals and medical devices.

RESPONSIBILITIES OF BUSINESSES

Businesses must:

• only place products which are safe on the market
• inform consumers of any risks associated with the products they supply 
• make sure any dangerous products present on the market can be traced so they can be removed to avoid any risks to consumers

To report dangerous products to national authorities, businesses can use the Product Safety Business Gateway tool product productProduct Safety Business Gateway.

RESPONSIBILITIES OF NATIONAL AUTHORITIES

Appointed national authorities are responsible for market surveillance. They:

• check whether products available on the market are safe
• ensure product safety legislation and rules are applied by manufacturers and business chains
• apply sanctions when necessary

National authorities send information about the measures taken against dangerous products in their markets to Safety Gate, the EU rapid alert system for dangerous non-food products.

The Consumer Agenda adopted by the European Commission in November 2020 sets several vital objectives: becoming greener and more safely digital, protecting vulnerable consumers and enhancing international cooperation.

These issues became even more urgent following the COVID-19 outbreak, when more consumers became vulnerable, not only because of health and financial difficulties but also because purchasing online became even more common and, therefore, exposure to scams or illegally sold products.

In this context, ensuring a high level of consumer protection has become even more critical. The EU product safety policy, one of the pillars of the Consumer Agenda, is key to achieving its goals.

Although one of the central pieces of legislation ensuring that all non-food products sold to consumers in the EU market are safe, the GPSD has become outdated and needs to be revised to ensure the safety net for European consumers.

The European Commission is revising the Directive to adapt to present challenges and to better ensure that all kinds of products are safe, online or in a traditional brick and mortar shop and that all consumers are protected. The European Commission should present its proposal by the end of 2021.

This revision, among others, will focus on:

• the safety of products linked to new technologies as well as the challenges posed by the growth of online sales;
• ensuring better enforcement of the rules and more efficient and even market surveillance;
• improving the recall of dangerous products in the hands of consumers.

Steps of the revision of the GPSD:

23 June 2020 – 1 September 2020: Feedback on the roadmap

30 June 2020 – 6 October 2020: Open public consultation

30 June 2021: European Commission adopted Proposal for a Regulation on Product Safety

Product Safety Information Notice on a BEBEKO Children’s Crib. A safety issue has been identified with a ВЕВЕКО children’s crib: The risk associated with the product is that of injury. There is a risk of entrapment, entanglement, suffocation, choking and ingestion. The Consumer Rights Bill 2022 consolidates and updates existing consumer protection legislation that regulates the main types of consumer contracts and introduces new and enhanced consumer protection measures. www.greensolicitors.ie 0214708570/ +353 89 463 2554.