Interpretation of the New EU Regulation (EU) 2023/988: Upgrades and Reforms in Consumer Product Safety

I. Core Overview of the Regulation

On June 12, 2023, the General Product Safety Regulation (EU) 2023/988 (GPSR for short) officially came into force and entered a parallel transition period with the old Directive Directive on General Product Safety (2001/95/EC, GPSD for short). This transition period will last until December 13, 2024, after which GPSR will be fully implemented.

The revision stems from the new business models driven by the development of new technologies and online sales. These changes have brought new challenges to product safety and also attracted new economic operators to enter the market. The introduction of GPSR aims to further protect consumers' rights and interests and standardize market order by updating and improving product safety rules.

II. Key Changes and Core Requirements of the Regulation

(I) Upgrade of Legislative Nature and Applicable Effect

The EU product safety legislation has been upgraded from a "directive" to a "regulation". Compared with directives, which require member states to transpose them into national laws, regulations can be directly applied and implemented immediately in all member states, significantly improving the efficiency and uniformity of rule implementation.

(II) Strengthened Obligations of Economic Operators and Platforms

1. Clear Definition of Subjects: New definitions are given for economic operators and online marketplace providers to clarify the boundary of responsibilities.

2. Upgraded Core Obligations: Both types of subjects are obligated to place only safe products on the market. Meanwhile, they need to establish internal compliance procedures to ensure the performance of their duties.

3. Special Requirements for Overseas Subjects: If an economic operator is established outside the EU, it must designate a responsible economic operator within the EU.

4. Obligation to Cooperate with Supervision: All economic operators and online marketplace providers must cooperate with market supervision authorities to eliminate or reduce risks of products on the market.

(III) Product Compliance and Technical Documentation Specifications

1. Requirements for Technical Documentation: Manufacturers shall prepare product technical documentation, which shall contain necessary information to prove product safety. Moreover, the documentation must be based on internal risk analysis and kept for a period of up to 10 years.

2. Digital Provision of Information: Economic operators may provide product identification, information about economic operators, instructions for use and safety information in digital form through electronic solutions such as QR codes and data matrix codes.

(IV) Standards and Dimensions for Product Safety Assessment

1. Expanded Assessment Dimensions: When assessing product safety, all relevant aspects shall be fully considered, including problems brought by new technologies such as cybersecurity and digital connectivity.

2. Application of Compliance Standards: European standards for specific products and risks shall be given priority in assessing compliance; if there are no applicable European standards, the national laws of the member state where the product is placed on the market shall apply.

(V) Definition of Special Hazardous Products

Products that "can be put into the mouth, sucked or swallowed, and may be confused with food due to their shape, smell, color, appearance, packaging, labeling, volume, size or other characteristics, thus being harmful to the human body" are clearly defined as hazardous products, filling the gap in safety supervision for such products.

(VI) Risk Early Warning and Accident Response Mechanism

1. Upgrade of RAPEX System: The Rapid Alert System for Non-food Products (RAPEX) has been modernized, with the introduction of a Safety Gate to ensure the rapid circulation of information on measures related to non-food hazardous products among the competent authorities of member states.

2. Clear Obligations for Accidents: The specific obligations of economic operators, online marketplace providers, the European Commission and member states in product safety accidents are clearly defined.

(VII) Support Measures for Small and Medium-sized Enterprises (SMEs)

The European Commission will provide practical guidelines and targeted guidance for SMEs (including micro-enterprises) to help them better adapt to the requirements of the new regulation.

III. Repeal and Replacement of the Regulation

Directive 87/357/EEC will be officially repealed and replaced by GPSR, realizing the integration and update of product safety rules.