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[To Eurosmart members only]
Member States agreed on their position on the General Product Safety Regulation
On 20 July, the Council adopted its position on the General Product Safety Regulation (GPSR). This legislation ensures that all products placed on the EU market are safe. The GPSR requirements do not apply when vertical legislation (e.g., toys etc.) lays down safety requirements. In this respect, the GPSR is considered the "safety net" of the EU market. It fills in the gaps in the EU safety legislation.
The legislation at stake is a revision of the General Product Safety Directive, which appeared to be obsolete in light of digital technologies. The GPSR better considers society's digitalisation, including cybersecurity and online marketplaces.
Cybersecurity requirements
The GSPR lists cybersecurity among the "aspects for assessing the safety of products" (Article 7). More precisely, it mentions "the appropriate cybersecurity features necessary to protect the product against external influences, including malicious third parties, when such an influence might have an impact on the safety of the product". A product's evolving, learning, and predictive functionalities are also part of the safety assessment.
Standards and certification
Standards, including European standards and voluntary certification schemes, must be considered to assess whether a product is safe.
In case the product conforms to relevant standards drawn up to support the legislation and published in the Official Journal of the EU, the product shall be presumed to be in conformity with the general safety requirements.
Substantial modification of a product by digital means
In some cases, a natural or legal person, other than the manufacturer, shall be considered a manufacturer and comply with the legislation. This is the case, for instance, if this person modifies a product. This person will be responsible for the part of the product affected by the modification or for the entire product if the substantial modification impacts its safety.
Such a provision also applies to modifications by digital means (e.g., software update).
Requirements for online marketplaces
The GSPR also applies to distance sales as long they target consumers in the EU. Online marketplaces must know the traders and the kind of products they offer. They must also establish a single point of contact in charge of safety.
Surveillance regime
The GPSR creates a surveillance regime that applies to all products. Economic operators must have a responsible person for all products sold online and offline.
Next steps
The Council will start negotiations with the European Parliament.
Please find below the Council's position (mandate for negotiation).
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