Corporate Social Responsibility (IVOR nr. 77) 2010/8.4.1:8.4.1 The General Product Safety Directive

Corporate Social Responsibility (IVOR nr. 77) 2010/8.4.1

8.4.1 The General Product Safety Directive

Deze functie is alleen te gebruiken als je bent ingelogd.Deze functie is alleen te gebruiken als je bent ingelogd.Deze functie is alleen te gebruiken als je bent ingelogd.

The General Product Safety Directive (GPSD)1 applies when the safety of a product is not covered by specific legislation such as REACH. Although the GPSD does not offer harmonisation in a particular product area, it offers a new approach by working with broad requirements and by laying down a general legislative framework designed to ensure a high level of protection of safety and health for consumers with adequate enforcement procedures.2 As the GPSD is a directive, it has to be implemented in national law.

Manufacturers are obliged to take necessary measures to avoid the risks to which consumers might be exposed. These measures can entail: (1) providing consumers with relevant information in order to enable them to assess risks inherent to a product throughout its normal or foreseeable use, especially when the risks are not directly obvious;3(2) recalling products that have been supplied to consumers4; and (3) withdrawing products from the market.5 Distributors also have an obligation to act with due care to help to ensure compliance with the applicable safety requirements, in particular by not supplying products which they know or should have presumed on the basis of the information in their possession and as professionals, do not comply with those requirements.6

One of the inconsistencies between REACH and the GPSD concerns the definition of a 'product'. REACH uses the term 'article', and defines this as "an object which during production is given a special shape, surface or design which determines its function to a greater degree than does its chemical composition."7 In contrast, GPSD defines a product as:

any product including in the context of providing a service which is intended for consumers or likely, under reasonably foreseeable conditions, to be used by consumers even if not intended for them, and is supplied or made available, whether for consideration or not, in the course of a commercial activity, and whether new, used or reconditioned. 8

The REACH definition is confusing and can give rise to implementation problems, e.g. there can be an uncertainty as to whether a certain item qualifies as an article (i.e. the substance as an integral part) or as a substance in a container. Printer cartridges and pens are examples of ' borderline' cases. A harmonised approach to EU consumer protection would benefit from using a single and clear definition in various EU legislation.

Deze functie is alleen te gebruiken als je bent ingelogd.