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<\/figure>\n<\/div>\n\n\nThe main aim of the new EU regulation is to improve the functioning of the European internal market by ensuring maximum consumer protection.<\/p>\n\n\n\n
The new EU Regulation 2023\/988 mainly affects non-food products, excluding medicines, materials of animal origin not intended for human consumption, pesticides, live plants, animal feed, and products regulated by special rules, such as children’s toys.<\/p>\n\n\n\n
Businesses subject to EU Regulations will have to pay more attention to product safety before placing them on the market.<\/p>\n\n\n\n
For example, manufacturers will have to conduct an internal risk analysis and prepare technical documentation that must include all the information necessary to demonstrate that the product complies with safety regulations. This documentation must contain a general description of the product as well as the main characteristics relevant to the assessment of its safety, and once the product is placed on the market, it must be kept for a period of ten years.<\/p>\n\n\n\n
It should be noted that the Regulation now defines a manufacturer as any natural or legal person who makes a product or commissions a third party to design and manufacture it, and then markets it under his own name or trademark.<\/p>\n\n\n\n
In addition, the product, packaging or accompanying document will have to bear the serial number (or other unique identifier) and contact information of the manufacturer. Together with the product, clear instructions and useful safety information will also have to be provided; this information can also be made available in digital format, e.g. through a QR code.<\/p>\n\n\n\n
Numerous news affect the e-commerce sector, which will have to comply with the same obligations as for offline sales, towards either consumers and national and EU authorities. The Regulation lists the mandatory information that must be communicated in online sales and requires that unsafe products are promptly removed from the market, promptly informing customers who have purchased such products. Specifically, when selling a product online, the name (or brand) of the manufacturer, the manufacturer’s postal and email address, as well as identification data and any safety warnings must be indicated.<\/p>\n\n\n\n
With regard to online marketplace providers, the new regulation obliges them to keep track of the information that is transmitted or stored. Content concerning products that are deemed unsafe must be removed immediately, since products that do not meet safety requirements cannot be sold in the European Union.<\/p>\n\n\n\n
In the event that the registered office of the manufacturer is in a non-EU country, the name of a responsible person must be indicated in order to determine who is responsible for fulfilling the obligations under the EU Regulation. Under these conditions, in order to place a product into the EU market, the responsible person established in the EU will have to designate someone within the EU borders to comply with EU Regulation 2023\/988 instead of the importer or manufacturer.<\/p>\n\n\n\n
If an online product is withdrawn due to safety concerns, customers must be informed by means of a recall notice, containing the designation \u201cproduct safety recall\u201d, a description of the product and the risks associated with it, understandable instructions for the consumer, and remedies to be taken in case of danger. The recall notice should include a telephone number or online service that customers can use free of charge in case of need. To facilitate direct contact with customers, it is therefore recommended to encourage them to save their purchases through product registration systems or available loyalty programmes.<\/p>\n\n\n\n
In conclusion, in case of product recall, businesses must compensate the consumer with at least two of the following remedies: repair of the product, replacement of the product or an appropriate refund of the value of the product.<\/p>\n\n\n\n
The full text of EU Regulation 2023\/988 is available on official EU channels: https:\/\/eur-lex.europa.eu\/eli\/reg\/2023\/988\/oj<\/a>.<\/p>\n\n\n\n