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04. November 2024

The New Product Safety Regulation (EU) 2023/988:  Important Changes for Non-Food Consumer Goods

A guest contribution on the Product Safety Regulation (EU) 2023/988 by our partner trinasco

trinsaco - The New Product Safety Regulation (EU) 2023/988:  Important Changes for Non-Food Consumer Goods

Introduction

The new EU Product Safety Regulation, officially known as Regulation (EU) 2023/988, was published on May 23, 2023, and will come into effect on December 13, 2024. It applies to almost all non-food consumer goods and expands requirements for product safety and compliance across Europe. 

 

This regulation affects not only products already under harmonized rules, such as CE directives and regulations, but also a wide range of other goods, including furniture, household items, decorative articles, and various everyday objects.genstände, Dekorationsartikel und diverse Alltagsgegenstände.

or give them a call: +49 40 46868000

Key Changes and Requirements

1. Risk Assessments and Technical Documentation

All products entering the EU market must be accompanied by a comprehensive risk analysis. Technical documentation, demonstrating this safety analysis and compliance with specific product requirements and standards, is now mandatory for all products.

2. Expanded Safety Requirement Catalogue

The catalogue for evaluating product safety has been significantly expanded. This entails a more extensive review of potential hazards and risk factors associated with the product.

3. Definition of "Substantial Product Change"

The regulation introduces a precise definition of what constitutes a “substantial product change.” This is crucial in determining if changes to a product require a new conformity assessment.

4. Responsible Person Based in the EU

A company placing products on the EU market must designate a responsible person based in the EU. This individual is legally accountable for ensuring the product’s safety and compliance with all regulations.

5. Additional Contact Information

In addition to existing labeling on packaging and products, a contact email or website address must now be provided for consumers to reach the manufacturer or importer.

6. Internal Procedures for Product Safety

All market players are required to establish internal procedures to ensure their products continually meet safety requirements.

7. Detailed Guidelines for Recalls and Safety Warnings

In the event of safety issues, companies must follow detailed and comprehensive instructions for recall actions and warnings to inform consumers quickly and effectively.

8. Mandatory Reporting of Serious Incidents

Serious incidents involving a product must be reported in the new EU Safety Business Gateway. This allows for the centralized recording and evaluation of safety-related incidents.

9. New Rules for Online Marketplaces and Fulfillment Service Providers

Online platforms and fulfillment service providers are now considered independent market players and are responsible for the products distributed through their platforms.

10. Requirements for Online Retail

The online retail sector is subject to clearer and more comprehensive regulations. This applies to online sellers as well as the operators of marketplaces and sales platforms.

Conclusion

The Product Safety Regulation (EU) 2023/988 represents a significant development in consumer protection and product safety within the EU. This regulation ensures greater transparency and control over non-food products and provides companies with clear guidelines to maintain the safety of their products.

 

If you would like to learn how to implement the new requirements efficiently and sustainably, our partner, Trinasco, is happy to assist you.

oder give them a call: +49 40 46868000

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