New regulations on general product safety
This by-law repeals and replaces:
- Directive 2001/95/EC of the European Parliament and of the Council of December 3, 2001 on general product safety,
The aim is, in particular, to account for the development of online sales and to improve the operation of product recalls so that only safe products are marketed.
This regulation applies to new, used, repaired or reconditioned products available for distribution, consumption or use in the EU, whether free of charge or against payment, with the exception of products that are explicitly excluded from its scope, such as plant protection products, foodstuffs and medicinal products for human or veterinary use (article 2 of the regulation).
Where products are covered by specific European product safety regulations, the regulation applies only to those aspects and risks or categories of risks not covered by these requirements.
2. Obligations applicable to economic operators
The regulation sets out the general obligations applicable to economic operators, as well as those specific to their role as manufacturers, authorized representatives, importers, distributors or providers of an online marketplace.
For example, e-commerce players are required to display a certain amount of information about the manufacturer and the product in a clear and legible manner on their website.
- Penalties for failure to comply with the obligations set out in the regulations
Article 44 of the regulation stipulates that the Member States are to lay down the rules on penalties applicable to infringements of the obligations set out by the regulation.
In France, Act no. 2024-364 of April 22, 2024 on various provisions for adapting to European Union law (DDADUE) adapted the chapter on the general safety obligation in the Consumer Code to bring it into line with the regulation and laid down the corresponding penalties.
By way of example, failure by a manufacturer or importer to meet its obligations to provide information and recall products in the event of a dangerous product being placed on the market is punishable by 5 years imprisonment and a fine of 600,000 euros. This amount may be increased, in proportion to the benefits derived from the offence, to 10% of average annual sales, calculated on the basis of the last three annual sales known on the date of the offence (Article L452-5-1 of the French Consumer Code), and can be quintupled for legal entities (Article 131-38 of the French Penal Code).
In addition to these sanctions, failure to comply with the rules prescribed in the regulations may result in liability for the offending company and compromise its reputation.
Tags:
Juris Initiative, Anne-Solène Gay, Behring, General Product Safety Regulation, Product safety, GPSR, European regulation 2024, Consumer product regulation, distance selling, E-commerce
