Answer given by Mr Reynders on behalf of the European Commission
29.10.2024
All products made available to European consumers should be safe, irrespective of the size or type of business that offer these products.
All economic operators consequently need to ensure the safety of products, and the General Product Safety Regulation (GPSR)[1] does not make any exemptions for small and medium enterprises and very small enterprises (SMEs and VSEs).
This is important also to ensure that consumers can trust SMEs/VSEs regarding the safety of the products they offer, which in turn is key for their growth.
In addition, the GPSR provides certain product safety-specific obligations for providers of online marketplaces. As some of these obligations build on the horizontal framework of the Digital Services Act[2], the scope of some of these obligations excludes micro/small enterprises to avoid disproportionate burdens on these actors[3].
Specific support for compliance is provided for SMEs/VSEs under the GPSR[4]. In particular, the Commission is in the process of adopting specific guidelines for economic operators, with particular regard to the needs of SMEs, including micro-enterprises, on how to fulfil their obligations. For these guidelines, the Commission is collecting and taking into account SMEs’ views.
The Commission in general is required to provide general information to businesses regarding the GPSR[5]. This information will be provided on the Commission’s website and via a dedicated communication campaign by 13 December 2024.
Some information is already provided in the EU Safety Gate website[6]. Member States must provide, on request and free of charge, specific information to economic operators on the implementation of the GPSR at the national level and national rules on product safety applicable to products covered by the GPSR.
- [1] Regulation (EU) 2023/988 of the European Parliament and of the Council of 10 May 2023 on general product safety (OJ L 135, 23.5.2023, p. 1-51).
- [2] Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market for Digital Services and amending Directive 2000/31/EC (Digital Services Act) (OJ L 277, 27.10.2022, p. 1).
- [3] cf. Recital 57 and Article 19 of Regulation (EU) 2022/2065.
- [4] cf. Recital 41 of Regulation (EU) 2023/988.
- [5] Article 17 (1) Regulation (EU) 2023/988 of the European Parliament and of the Council of 10 May 2023 on general product safety (OJ L 135, 23.5.2023, p. 1-51).
- [6] https://ec.europa.eu/safety-gate/#/screen/home