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As of today, 13 December 2024, Regulation (EU) 2023/988 of the European Parliament and of the Council of 10 May 2023 ("Regulation"), will have full effect in Portugal. This Regulation repeals Directive 2001/95/EC on general product safety and Directive 87/357/EEC on products which, appearing to be other than they are, endanger the health or safety of consumers.
The main objective of the Regulation is to strengthen the safety rules applicable to non-food consumer products by establishing a comprehensive regulatory framework for both products sold in physical stores as well as those sold in online or distance contracts.
SCOPE OF APPLICATION
The Regulation applies to products placed or made available on the European Union’s (EU) market, whether new, used, repaired or refurbished, including the online sale of products or through other means of distance sale, provided that it is addressed to consumers in the EU.
The Regulation applies to all products placed on the market, except those regulated by specific legislation. Excluded products include, for example, the following:
Medicines for human or veterinary use;
- Food;
- Feed;
- Living plants and animals;
- Antiques.
Among the many obligations imposed on economic operators (manufacturers, representatives, importers, distributors and fulfilment service providers), as well as the general requirements and duties, we highlight the following:
1) General Safety Requirement
Economic operators must ensure that only safe products are placed on the market. The safety of products must be ensured by their design and characteristics, taking into account the intended and foreseeable use and the conditions of use of the product.
2) Information
Manufacturers have a duty to provide clear and understandable information that allows consumers to identify the product.
In addition, specific traceability requirements may be established for products that present a serious risk to the health and safety of consumers.
3) System for the exchange of information
To improve the effectiveness of communications between the European Commission and the Member States, the Regulation provides for access to the Safety Gate system (formerly known as 'RAPEX') for both economic operators and online marketplace providers.
The system consists of three elements:
i) ARapid alert system between national authorities and the Commission;
ii) Aweb portal for public information and allowing complaints to be lodged;
iii) A web portal that allows businesses to fulfil their obligation to inform authorities and consumers about dangerous products and accidents ('Safety Business Gateway').
PROVIDERS OF ONLINE MARKETPLACES
The Regulation lays down specific obligations for providers of online marketplaces with regard to product safety. Among the main obligations we highlight:
- Designation of a single point of contact allowing for direct communication, by electronic means, with market surveillance authorities;
- Registration with the Safety Gate portal, where they must provide information regarding their single point of contact;
- Designation of a single point of contact for consumers to serve as a one-stop-shop for consumer communications on safety issues;
- Implementation of internal processes to ensure product safety, such as mechanisms that allow professionals to provide:
- Informações sobre o fabricante estabelecido na UE ou, quando aplicável, informações sobre a pessoa responsável;
- A sua autocertificação, comprometendo-se a disponibilizar apenas produtos conforme a legislação.
SANCTIONS
By now, the Member States must have defined the rules on penalties applicable in the event of breaches of the obligations laid down in the Regulation.