Know the obligations of economic operators under the GPSR

REGULATION (EU) 2023/988

Know the obligations of economic operators under the GPSR

Last June, a new regulation on consumer products, the General Product Safety Regulation (EU) 2023/988 (GPSR), entered into force. The aim with this new regulation is to ensure a high level of protection for consumer health and safety, while also ensuring the efficient functioning of the internal market.

If you are an economic operator in European Union, it’s important to be aware of the new obligations related to product safety. Firstly, it is also necessary to understand what an economic operator is and therefore if the new regulation applies you. The definition of an economic operator, according the new regulation, is broader than that of the GPSD and now relates to the whole supply chain of a product. Economic operators include the manufacturer, authorised representative, importer, distributor, fulfilment service provider or any other natural or legal person who is subject to obligations in relation to the manufacture of products or making them available on the market.

In this newsletter, you will find the key information about the general obligations of economic operators, but please note that each type of economic operator has specific obligations.

The general obligations are as follows:

• Products must be safe and comply the General Product Safety Regulation.
• An economic operator must have an internal conformity procedure.
• Cooperation with market surveillance authorities is required.
• An economic operator has to be established in the European Union.
• Specific traceability requirements are in force.
• Information in electronic/digital format about the marking and instructions and safety information of the product is allowed.
• You must inform the authorities of the relevant Member State of any accidents related to safety of products through Safety Business Gateway.
• If the economic operator has distance sales (sales online or through other means), they must provide sufficient information about the product (pictures, information about its safety and use) and name, trade mark, and European postal and electronic address of the economic operator before purchase. An offer for sale shall be considered to be targeted at consumers in the European Union if the relevant economic operator directs, by any means, its activities to one or more Member States.

Until 13 December 2024, you have time to update your obligations.