28. 06. 2024


The new European Regulation EU 2023/988 on general product safety

The General Product Safety Regulation (Reg. EU 2023/988) will come into force next 13.12.2024, repealing the GPSD Directive 2001/95/CE.
From that day, it will be mandatory to be in compliance with the Regulation in order to introduce a product into the European market.

Below a short summary of the Regulation main contents underlining the most relevant points.

1. Scope.

The Regulation shall apply to any physical goods that is placed on the market or put into serviceeven through online marketplace, if specific provisions on the product safety are not available.

2. Safety obligations.

The economic operator shall place or make available on the market only safe products.

Before placing their products on the market, manufacturers shall carry out an internal risk analysis and draw up technical documentation containing at least a general description of the product and its essential characteristics relevant for assessing its safety.
The risk analysis process considers the proper use of the product but also other uses, let's say improper but reasonably foreseeable. As an example, for an armchair the typical use is sitting on the seat (for resting or other scope), the reasonable misuse is for example the use of the armrest as a seat. Must be taken into account, moreover, the effect that the product could be on other products and vice versa considering all the good’s characteristics (composition, technical characteristics and also the packaging) and category of end users.
Where appropriate, the internal risk analysis shall also contain:
  • the measure taken into account to reduce the risk, where necessary;
  • the list of any relevant European standard considered to meet the general safety requirements.
It is to be noted that where the product is in conformity with harmonised standards relevant for the risks related to the safety use, where these are available, it is presumed to be in coformity with the general safety requirement of the Regulation itself.
In the absence of harmonised standards, or specific laws, the Regulation cites the European and international standards as additional aspects to be taken into account for a product safety assessment. It should be noted that the use of such standards is voluntary in any case; the Regulation include them among the possible options available in order to evaluate risks and safety related to the use of the product.

Finally, producers are obliged to show on the product (or, if it is impossible, on its packaging) their contact information with the type and serial number to ensure the identification of the good.

For information:
Matilde Ceschia 
+39 0432 747241
Serena Petaccia
+39 0432 747260