In a move to strengthen consumer protection and adapt to the challenges posed by the digital age, the European Parliament and the Council of the European Union adopted the General Product Safety Regulation (GPSR). This new regulation is set to replace the General Product Safety Directive and the Food Imitating Product Directive and will apply from December 13, 2024. Until then, the current framework applies. The GPSR aims to modernise the EU’s general product safety framework and ensure the safety of all consumer products on the market.

The GPSR encompasses non-food products and applies to all sales channels, providing a future-proof safety net for products or risks not regulated by other EU legislation. The GPSR also aims to ensure a more even application of product safety rules throughout the EU.

The introduction of the GPSR brings forth several key objectives. Firstly, it aims to guarantee the safety of all products, including those associated with new technologies. With the digitalisation of economies, this objective is crucial in protecting consumers from potential hazards posed by technologically advanced products.

Furthermore, the GPSR addresses the challenges posed by the growing prevalence of online sales, particularly through online marketplaces. The regulation establishes specific product safety obligations for economic operators and providers of online marketplaces, ensuring that products sold online meet the required safety standards.

To enhance product safety, the GPSR reinforces traceability requirements, enabling better identification and monitoring of products throughout the supply chain.

Under the GPSR, businesses are now required to report accidents related to their products to the relevant authorities. This measure aims to improve incident reporting and enable swift action to mitigate risks and protect consumers.

In terms of product safety recalls, the GPSR introduces specific rules, including a mandatory recall notice template. This template will streamline and standardise recall procedures, ensuring consistent communication to consumers.

Malta is committed to promoting the right to remedy to consumers in cases where they have purchased a dangerous product that is later recalled. In its product safety recall notices, the Malta Competition and Consumer Affairs Authority (MCCAA) has consistently required economic operators to provide a suitable remedy to the affected consumers.

The authority is committed to further reinforce consumer rights for remedy in the event of product recalls. With the GPSR, it is now legally established that consumers have the right to receive a suitable remedy from the responsible economic operator when a product safety recall is initiated by an economic operator or mandated by a national competent authority. This will apply uniformly to all economic operators, both within and outside the EU, who offer their products to consumers within the EU.

The introduction of the GPSR brings forth several key objectives- Rudie Vella

The remedy offered should be effective, free of charge, and promptly offered. The consumer should be given at least two choices for resolution, such as repairing the recalled product, receiving a replacement of equal value and quality, or obtaining a refund equivalent to the price paid.

The GPSR aims to provide equal opportunities for businesses active in the EU, whether operating online or offline, by strengthening responsibilities across the supply chain. Specific product safety obligations for economic operators and providers of online marketplaces are established to promote a level playing field and ensure that all businesses meet the required safety standards. This approach fosters fair competition while prioritising consumer safety in an increasingly interconnected marketplace.

A more consistent and robust framework for product safety is set to be created by this harmonised regulation. This approach not only benefits consumers but also provides legal certainty to businesses. In addition to providing legal certainty, the GPSR offers companies clearer rules to help them comply with product safety requirements. Clear rules enable companies to navigate the regulatory landscape with confidence, facilitating compliance and fostering a safer marketplace for all.

As new technologies continue to reshape industries, the GPSR includes a comprehensive list of aspects to be taken into account during product safety assessments, specifically addressing the challenges posed by new technologies. This proactive approach supports innovation while ensuring that consumer safety remains a top priority.

To offer better enforcement of product safety rules and market surveillance, the GPSR introduces reinforced measures. Market surveillance plays a vital role in detecting non-compliant products and protecting consumers from potential risks. By enhancing market surveillance rules, the EU aims to improve the effectiveness of monitoring practices, enabling authorities to identify and address unsafe products more efficiently. This proactive approach is crucial in maintaining consumer confidence and upholding high product safety standards.

The implementation of this regulation into national law will continue to reflect Malta’s commitment to consumer safety and to address the evolving landscape of product safety in the digital era. Through effective enforcement of product safety rules, as recognised by the European Commission last year, and the implementation of the General Product Safety Regulation, Malta aims to continue enhancing consumer trust and confidence in the products available on the market, thereby contributing to an improved quality of life for Maltese citizens, ensuring their safety and well-being when engaging with consumer goods.

Rudie Vella is director general of the MCCAA’s Technical Regulations Division.