Time: 2024-07-22
In France and the European Union , there is a growing focus on the risks associated with hazardous products and the potential damage they can cause . The adoption of Regulation ( EU ) No . 2023/988 on May 10 , 2023 , highlights this concern , along with a provisional agreement reached in December 2023 regarding the liability of economic operators for defective product damage.
The new Regulation aims to ensure product safety , address challenges posed by online sales , enforce regulations more effectively , and improve recall procedures for dangerous products . The European legislator 's goal is to establish uniform procedures to prevent risks from products on the European market.
Directive 2001/95 / EC established a safety obligation applicable in all EU Member States , requiring producers to take measures to prevent risks and inform authorities of any non - compliance . This directive has been transposed into French law to ensure products are safe for consumers.
The General Product Safety Regulation , adopted on May 10 , 2023 , aims to enhance product safety measures by imposing stricter obligations on economic operators , including manufacturers , distributors , importers , and fulfillment service providers . The Regulation also outlines specific obligations for online marketplaces to ensure consumer safety.
The Regulation introduces criteria for conducting product safety assessments , taking into account product characteristics , effects on other products , and consumer categories . It emphasizes the importance of assessing new risks arising from technological advancements.
Additionally , the Regulation strengthens traceability requirements for products posing health risks and modernizes the RAPEX system into the Safety Gate platform . This system allows for rapid exchange of information between authorities , companies , and consumers regarding dangerous products.
The Regulation mandates the reporting of product - related accidents to competent authorities and outlines procedures for product recalls . It specifies the information required in recall notices and offers consumers remedies such as product repair , replacement , or refund in case of a recall.
Furthermore , economic operators must provide separate contact details for security purposes only to ensure consumer safety . Companies have until December 13 , 2024 , to review their product safety procedures and comply with the new Regulation.
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