Regulation (EU) 2023/988 on general product safety, amending Regulation (EU) No 1025/2012 and Directive (EU) 2020/1828, and repealing Directive 2001/95/EC and Council Directive 87/357/EEC

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Series Details L 135, Pages 1-51
Publication Date 23/05/2023
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Summary:

Regulation (EU) 2023/988 - adopted by the co-legislators on 10 May 2023 - concerning general product safety. It introduces amendments to Regulation (EU) No 1025/2012 and Directive (EU) 2020/1828. It repeals Directive 2001/95/EC and Council Directive 87/357/EEC. This is a text with EEA relevance. It is known as the General Product Safety Regulation (GPSR).

Further information:

This Regulation lays down essential rules on the safety of consumer products placed or made available on the market. The objective is to improve the functioning of the internal market while providing for a high level of consumer protection. It replaced Directive 2001/95/EC - known as the General Product Safety Directive (GPSD) - and repealed Council Directive 87/357/EEC, which regulated products which, appearing to be other than they are, endanger the health or safety of consumers.

The need for revision of the GPSD was first highlighted in the 2011 Single Market Act. An attempt at launched such revision took place in 2013 as part of a legislative package on product safety, but negotiations stalled and the initiative was later withdrawn.

The draft law for this Act was adopted by the European Commission on 30 June 2021. It was in line with the 2020 New Consumer Agenda. It sought o update the existing rules to address challenges linked to new technologies and online sales. It also aimed to ensure that the regime provided greater consistency between harmonised and non-harmonised products, in line with the provisions set out by Regulation (EU) 2019/1020.

The plenary of the European Parliament endorsed a negotiating position on 24 June 2022. The Council of the European Union adopted its general approach on 20 July. An informal agreement between the co-legislators on a compromise text for this file was reached on 28 November. This was formally endorsed by Parliament on 30 March 2023, followed by the Council on 25 April. The Act was signed by the co-legislators on 10 May 2023 and published in the Official Journal on 23 May 2023. It entered into force on 12 June 2023.

Source Link http://data.europa.eu/eli/reg/2023/988/oj
Related Links
Commentary and Analysis
Fieldfisher: Insights, 24/09/2021: EU proposal for a general product safety regulation https://www.fieldfisher.com/en/insights/eu-proposal-for-a-general-product-safety-regulatio
Simmons-Simmons: Insights, 30/09/2021: Proposal for a General Product Safety Regulation https://www.simmons-simmons.com/en/publications/cku6uol7r19k80a00yzzclpvv/proposal-for-a-general-product-safety-regulation
European Parliamentary Research Service (EPRS): Briefing, 15/10/2021: Updating the framework for the safety of non-food consumer products on the internal market - Initial Appraisal of a European Commission Impact Assessment https://www.europarl.europa.eu/thinktank/en/document/EPRS_BRI(2021)694221
CMS Law-Now: eAlerts, 11/03/2022: EU Opinion on the Proposed Product Safety Regulation https://www.cms-lawnow.com/ealerts/2022/03/eu-opinion-on-the-proposed-product-safety-regulation
Freshfields Bruckhaus Deringer: Risk & Compliance, 11/04/2022: Spotlight on proposed new General Product Safety Regulation – discussions in Europe progress https://riskandcompliance.freshfields.com/post/102hmi1/spotlight-on-proposed-new-general-product-safety-regulation-discussions-in-euro
European Consumer Organisation (BEUC): Blog, 10/05/2022: The EU law for safe products turned 20. How has it fared? https://www.beuc.eu/blog/the-eu-law-for-safe-products-turned-20-how-has-it-fared/
European Consumer Organisation (BEUC): Position Paper, 14/09/2022: A new General Product Safety Regulation: recommendations for the trilogue negotiations https://www.beuc.eu/position-papers/new-general-product-safety-regulation-recommendations-trilogue-negotiations
Bird & Bird: Insights, 17/10/2022: Final negotiations begin on new rules to keep unsafe products out of Single Market https://www.twobirds.com/en/insights/2022/uk/final-negotiations-begin-on-new-rules-to-keep-unsafe-products-out-of-single-market
Ecommerce Europe: News, 08/12/2022: EU product safety legislation on the move https://ecommerce-europe.eu/news-item/eu-product-safety-legislation-on-the-move/
Covington: Insights, 25/01/2023: Sixteen Changes of the upcoming EU General Product Safety Regulation https://www.cov.com/en/news-and-insights/insights/2023/01/sixteen-changes-of-the-upcoming-eu-general-product-safety-regulation
European Parliamentary Research Service (EPRS): Briefing, 08/02/2023: General product safety regulation https://www.europarl.europa.eu/thinktank/en/document/EPRS_BRI(2021)698028
European Parliamentary Research Service (EPRS): At a Glance, 27/03/2023: General product safety regulation https://www.europarl.europa.eu/thinktank/en/document/EPRS_ATA(2023)745703
Bird&Bird: Insights, 09/06/2023: EU general product safety legislation set for an overhaul https://www.twobirds.com/en/insights/2023/global/eu-general-product-safety-legislation-set-for-an-overhaul
Pinsent Masons: Out-Law News, 09/06/2023: New EU product safety regime to take effect https://www.pinsentmasons.com/out-law/news/new-eu-product-safety-regime-to-take-effect

News
Euronews, 01/07/2021: The EU plans to upgrade product safety rules to make them fit for the digital age https://www.euronews.com/next/2021/07/01/the-eu-plans-to-upgrade-product-safety-rules-to-make-them-fit-for-the-digital-age
EurActiv, 29/06/2022: French Presidency ponders options on product safety rules for online marketplaces https://www.euractiv.com/section/digital/news/french-presidency-ponders-options-on-product-safety-rules-for-online-marketplaces/
EurActiv, 29/11/2022: EU finalises new product safety requirements: here is what changes https://www.euractiv.com/section/digital-single-market/news/eu-finalises-new-product-safety-requirements-here-is-what-changes/

Official
EUR-LEX: COM(2021)346: Proposal for a Regulation on general product safety, amending Regulation (EU) No 1025/2012 and repealing Council Directive 87/357/EEC and Directive 2001/95/EC https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=COM:2021:346:FIN
EUR-LEX: SWD(2021)168: Staff Working Document accompanying the Proposal - Impact Assessment https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=SWD:2021:168:FIN
EUR-LEX: SWD(2021)169: Staff Working Document accompanying the Proposal - Executive Summary of the Impact Assessment https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=SWD:2021:169:FIN
European Parliament: Legislative Observatory: Procedure File for Proposal on General Product Safety Regulation (2021/0170(COD)) https://oeil.secure.europarl.europa.eu/oeil/popups/ficheprocedure.do?lang=en&reference=2021/0170(COD)
European Parliament: Legislative Train Schedule: General Product Safety Regulation https://www.europarl.europa.eu/legislative-train/theme-a-new-push-for-european-democracy/file-revision-of-the-general-product-safety-directive
European Commission: General Product Safety Directive https://ec.europa.eu/info/general-product-safety-directive_en
European Commission: Press Release, 30/06/2021: Consumer protection: Commission revises EU rules on product safety and consumer credit https://ec.europa.eu/commission/presscorner/detail/en/ip_21_3242
European Commission: Press speaking points by Vice-President Jourová on the revision of EU rules on product safety and consumer credit (30 June 2021) https://ec.europa.eu/commission/presscorner/detail/en/speech_21_3361
European Commission: Press speaking points by Commissioner Reynders on the revision of EU rules on product safety and consumer credit (30 June 2021) https://ec.europa.eu/commission/presscorner/detail/en/speech_21_3362
UK Parliament: European Scrutiny Committee: News, 05/04/2022: Committee publishes update on impact of EU product safety regulations https://committees.parliament.uk/committee/69/european-scrutiny-committee/news/165315/committee-publishes-update-on-impact-of-eu-product-safety-regulations/
European Parliament: Press Release, 16/06/2022: Greater consumer safety when shopping online and offline https://www.europarl.europa.eu/news/en/press-room/20220613IPR32813/
Council of the European Union: Press Release, 20/07/2022: General product safety regulation: Council adopts its position https://www.consilium.europa.eu/en/press/press-releases/2022/07/20/general-product-safety-regulation-council-adopts-its-position/
Council of the European Union: Press Release, 29/11/2022: Council and European Parliament agree on new product safety rules https://www.consilium.europa.eu/en/press/press-releases/2022/11/29/council-and-european-parliament-agree-on-new-product-safety-rules/
European Parliament: Press Release, 29/11/2022: Deal on EU rules to better protect online shoppers and vulnerable consumers https://www.europarl.europa.eu/news/en/press-room/20221128IPR58018/
Renew Europe EP Group: Newsroom, 29/11/2022: GPSR deal: safer products on the market will benefit EU citizns https://www.reneweuropegroup.eu/news/2022-11-29/gpsr-deal-safer-products-on-the-market-will-benefit-eu-citizens
European Parliament: Press Release, 30/03/2023: MEPs approve revamped EU product safety rules https://www.europarl.europa.eu/news/en/press-room/20230327IPR78544/
Council of the European Union: Press Release, 25/04/2023: Council gives final green light to legislation that will make products safer for consumers https://www.consilium.europa.eu/en/press/press-releases/2023/04/25/council-gives-final-green-light-to-legislation-that-will-make-products-safer-for-consumers/
European Commission: Press Release, 12/06/2023: Stronger EU product safety rules enter into force today https://ec.europa.eu/commission/presscorner/detail/en/ip_23_3190

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