General product safety
The general product safety regulations
Regulation (EU) 2023/988 of the European Parliament and of the Council of 10 May 2023 on general product safety has been transposed into Irish law by the European Union (General Product Safety) Regulations 2024 [S.I. No. 726/2024].
The legislation imposes obligations on economic operators to ensure that products placed or made available on the market are safe. All products placed on the market in the EU must have a responsible person in the EU and this must be clearly indicated on the product, its packaging, the parcel or an accompanying document.
Online marketplaces are also subject to product specific obligations. It is closely linked to other relevant legislation, such as the Market Surveillance Regulation and the Digital Services Act.
How is a product defined?
A ‘product’ means any item, whether or not it is interconnected to other items, supplied or made available, whether for consideration or not, including in the context of providing a service, which is intended for consumers or is likely, under reasonably foreseeable conditions, to be used by consumers even if not intended for them.
What products are covered by The General Product Safety Regulations
All consumer products placed or made available on the market where there are no specific safety provisions in other EU legislation. This includes, new, used repaired or reconditioned products and those that are sold online, where the offer of a product is targeted at consumers in the EU.
What products are NOT covered by The General Product Safety Regulations?
These Regulations do not apply to:
- Medicinal products for human or veterinary use
- Food and feed
- living plants and animals, genetically modified organisms and microorganisms in contained use
- Animal-derived and by-products
- Plant protection products
- Transport equipment operated by a service provider
- Aircraft whose design, production, maintenance and operation pose a low safety risk
- Antiques
- It does not apply to products clearly marked to be repaired or reconditioned prior to use
Must general products have a CE mark?
CE Marking should not be used on a product to demonstrate compliance with the General Product Safety Regulations.
