Members' Research Service By / September 22, 2021

General product safety regulation [EU Legislation in Progress][Policy Podcast]

On 30 June 2021, the European Commission adopted a proposal for a regulation on general product safety, with a view of improving the safety of non-food consumer products on the internal market.

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Written by Nikolina Šajn (2nd edition, updated on 30.08.2022).

The European Parliament and the Council have adopted their mandates for interinstitutional negotiations on the proposal for a general product safety regulation. These are expected to start in mid-September 2022.

The proposed regulation would replace the current General Product Safety Directive. It seeks to address the product safety challenges of emerging technologies, including use of artificial intelligence (AI) and connected devices, and to establish clear obligations for online marketplaces, which consumers increasingly use for their online purchases. The proposal would create a single set of market surveillance rules for both harmonised and non-harmonised products, including by aligning the provisions with the Market Surveillance Regulation, and would improve the effectiveness of product recalls.

On 4 July 2022, Parliament’s plenary endorsed the decision to enter into trilogue based on the Committee on the Internal Market and Consumer Protection (IMCO) report. That report suggests requiring that safety assessments of products take account of age suitability for children and health risks for consumers of different genders. The Council mandate, adopted on 20 July 2022, would enable consumers to choose between at least two remedies in the event of a recall, while Member States would get more flexibility for laying down penalties.

Versions

Proposal for a regulation of the European Parliament and of the Council on general product safety, amending Regulation (EU) No 1025/2012 of the European Parliament and of the Council, and repealing Council Directive 87/357/EEC and Directive 2001/95/EC of the European Parliament and of the Council
Committee responsible:Internal Market and Consumer Protection (IMCO)COM(2021) 346
30.6.2021
Rapporteur:Dita Charanzová (Renew, Czechia)2021/0170 (COD)
Shadow rapporteurs:Marion Walsmann (EPP, Germany)
Evelyne Gebhardt (S&D, Germany)
Kim Van Sparrentak (Greens/EFA, The Netherlands)
Anne-Sophie Pelletier (The Left, France)
Ordinary legislative procedure (COD) (Parliament and Council on equal footing – formerly ‘co-decision’)
Next steps expected: Trilogue negotiations
EU Legislation in progress timeline

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