New and stricter product safety regulation in the European Union came into effect last week.

The new framework gives more powers to supervisory authorities, modernizes the early warning system for dangerous products, provides free information to citizens and ensures easy access to it, for people with disabilities. The Regulation replaces the existing directive on general product safety and adapts to new challenges, such as the spectacular growth of online shopping. It also ensures that products in the EU in online and offline stores will meet the highest security requirements.

As stated in the relevant announcement, the ND MEP, Dimitris Tsiodras, as a member of the European Parliament’s Committee for the Internal Market and Consumer Protection, had set these issues as a key priority of his action, from the beginning of his term and on October 16, 2024, submitted a question to the Commission, asking for measures to protect consumers from the introduction of illegal and dangerous games on the European market.

In his question, he noted that many illegal games are imported via online platforms by companies established in third countries without complying with European safety rules and without paying customs duties.

It highlighted that this poses risks to children’s health, while creating unfair competition conditions for European manufacturers, and asked the European Commission how it will deal with these imports, especially regarding online platforms and traders from third countries, and what measures it intends to take get, in order to ensure better handling of the large load of imports received by the competent authorities.

Last Wednesday, December 18, the executive vice-president of the Commission, Stéphane Cezournet, replied to Mr. Tsiodra, in an analytical and specific way.

He stated that from December 13, 2024, online sales of games are subject to the General Product Safety Regulation, which includes specific obligations for all online shopping providers targeting European Union consumers and requires these providers to register on the Safety Gate online portal, comply internal product safety procedures, act quickly on dangerous products, ensure traders provide relevant information and cooperate with market surveillance authorities.

In addition, the vice-president of the Commission noted that the European Parliament and the Council (of the EU) are discussing the proposal submitted by the European Commission, from July 2023, for a new regulation on the safety of toys. This new framework requires all toys to have a digital product passport and other information, which will be directly accessible to the consumer, via a data carrier (such as a QR code). Importers will have to submit digital product passports at Union borders for toys sold online as well. Digital passports will be checked at external borders to identify cargo that will require detailed checks at customs.

The provisions, which have already entered into force, make the procedures for withdrawing products from the market more effective, it is noted in the announcement of Mr. Tsiodra. Thus, if a product is recalled for safety reasons, consumers must be notified immediately, have the right to a replacement or refund, and the right to seek collective redress. The Regulation extends the obligations of manufacturers, importers and distributors. Every product sold should have a marketing (and therefore safety) manager in the EU. For products produced outside the EU, the responsible body must be established in the EU. Manufacturers must ensure that their products meet the requirements of the Regulation. If they find that one of the products they have placed on the market is dangerous, they must withdraw it and inform consumers and national competent authorities.

In addition, importers and distributors of products will not make them available on the market if they have not ensured that they meet the requirements of the Regulation, while clear obligations are also established for electronic trade platforms: they are obliged not to make products available without the necessary information, to cooperate with the national authorities and withdraw the unsafe products from their online stores within two days at most.