The EU General Product Safety Regulation: in force since December 13, 2024
Frédéric Saffroy, Alice Bastien
The EU General Product Safety Regulation (Regulation (EU) 2023/988), effective December 13, 2024, establishes a comprehensive framework for consumer safety across the European Union. Replacing Directive 2001/95/EC,
it addresses modern challenges,including those in the digital age, with direct application across all Member States.
This regulation applies to economic operators both within and outside the EU that place products on the Union market. It covers items made available to consumers, including new, used, repaired, or reconditioned products, with exceptions such as medicines, food, and plant protection products. For regulated products (e.g. medical devices, cosmetics, or toys), it complements existing legislation. Its primary goal is to ensure product safety regardless of origin or distribution method.
Manufacturers, importers, and distributors face stricter obligations, including maintaining supply chain traceability, promptly notifying authorities (providing clear details on risks and remedial actions taken, including on the EU portal “Safety Gate” and on “RappelConso” in France) and consumers about dangerous products, and providing clear safety information in accessible languages (warning or safety information must be affixed to the product or on the packaging). Online product sales must meet the same safety standards as physical sales. Businesses must also ensure cybersecurity and AI measures are implemented to protect products from external threats and enable product evolution, learning and adaptive capabilities.
French national authorities, including the DGCCRF, Customs, and Labor Inspectorate, have expanded powers to enforce compliance. They can recall dangerous products, impose stricter penalties, and coordinate at the EU level to ensure harmonized market surveillance.
Businesses must adapt by conducting product risk assessments, updating security information, ensuring accurate traceability, and monitoring non-conformity issues. These obligations extend to manufacturers, importers, and distributors alike.
The regulation marks a significant advance in EU consumer protection. Compliance not only fulfills legal requirements but also enhances consumer trust and strengthens market reputation. Compliance is not just a legal obligation but also an opportunity for businesses to reinforce consumer trust and safeguard their reputation in a competitive marketplace.