The new EU General Product Safety Regulation (GPSR), proposed in June by the European Commission to modernise and replace the current General Product Safety Directive (2001/95/EC, known as GPSD), will be the subject of a first exchange of views by MEPs on Monday 10 January in the European Parliament’s Committee on the Internal Market and Consumer Protection.
The main objective of this future regulation is to adapt an outdated directive to the digital age and to the risks linked to new technologies, in order to guarantee the same level of safety of products sold online and offline in the single market (see EUROPE 12752/2).
The draft report prepared by Dita Charanzová (Renew Europe, Czech Republic) will be presented on this occasion. The MEP believes that this proposal is timely, in particular to update, simplify and make the existing rules more coherent for greater efficiency. She stresses the need to provide economic operators with legal certainty and to avoid bureaucracy.
The rapporteur supports the application of the rules and market surveillance activities already in place for harmonised products to non-harmonised products, but provides clarifications to key definitions such as ‘product’ and ‘safe product’ in order to give more certainty to authorities and economic operators.
Her report restructures Chapter II ‘Safety requirements’ in order to clarify all the steps leading to the assessment of safety by the economic operator and to the presumption of safety.
While agreeing with the updated list of obligations imposed on economic operators, Ms Charanzová makes the case for a proportionate approach when it comes to small producers. Hence the amendments she makes to the list of obligations, such as the provisions for manufacturers concerning technical documentation and complaints received (Article 8).
With regard to products sold directly online from third countries, the rapporteur considers that the extension of the concept of ‘responsible person’ provided for in Article 15 of the proposal should be limited to only those categories of products for which there is evidence that such a provision is necessary. This is already the case for harmonised products and the new regulation should, in her view, follow this risk-based approach.
New technologies and product safety. The rapporteur considers it essential to adapt the current directive to connected products and to update the criteria for assessing their safety, and welcomes the link established by the proposal for a regulation with the future legislative framework on artificial intelligence and connected products.
Supporting the full use of digital solutions to modernise and make the market surveillance system more efficient, Ms Charanzová advocates the addition of a new specific article (Art. 19a) on the possibility for economic operators to provide certain key information in a digital format (such as technical documentation, instructions and safety information).
Safety Gate. The rapporteur welcomes the updated provisions on the notification of dangerous products, via the online Safety Gate safety portal. It advocates simplifying procedures to encourage the exchange of information and notifications.
Consumer Safety Network and International Cooperation. The draft report adds new areas of cooperation and clarifies the objectives. In addition, it clarifies the article on cooperation with third country regulatory authorities by focusing on the prevention of the circulation of dangerous products, the use of new technologies and discussion on regulatory issues to ensure a level playing field.
Sanctions. The rapporteur supports provisions on sanctions, but proposes to take better account of the nature and gravity of the offence.
Entry into force. The draft report provides for the date of application of the Regulation to be extended to 12 months (instead of six) after its entry into force.
See the draft report: https://bit.ly/31B3YZW (Original version in French by Aminata Niang)