General product safety regulation

Briefing 08-02-2023

On 28 November 2022, the European Parliament and the Council reached a political agreement on the proposal for a general product safety regulation. The co-legislators are now expected to adopt the agreed text formally, to allow the new regulation to come into force. The proposed regulation would replace the current General Product Safety Directive. It seeks to address the product safety challenges of emerging technologies, including use of artificial intelligence (AI) and connected devices, and to establish clear obligations for online marketplaces, which consumers increasingly use for their online purchases. The proposal would create a single set of market surveillance rules for both harmonised and non-harmonised products, including by aligning the provisions with the Market Surveillance Regulation, and would improve the effectiveness of product recalls. Three trilogue meetings were held between 15 September and 28 November 2022. The text agreed simplifies the EU's legal framework for product safety, in particular by including references to key EU regulations, such as Regulation 2019/1020 and the Digital Services Act. The text also extends consumer protection to the new digital technologies, and reinforces consumer rights with several provisions, including the extension of the possible remedies to be offered in the event of a recall. Third edition of a briefing originally drafted by Nikolina Šajn. The 'EU Legislation in Progress' briefings are updated at key stages throughout the legislative procedure.