The European Commission has published two implementing regulations of the General Products Safety Regulation (GPSR) aimed at defining both the ways in which marketplaces interface with the Safety Gate portal and the reporting procedures by consumers and stakeholders (1,2).
Safety Gate
Safety gate – previously called Rapex – is the portal that provides the public with free access to information on the safety of non-food products subject to alerts and/or notifications, in the EU, by Member States to the European Commission.
The web portal provides information on consumer products identified by EU market surveillance authorities as potentially dangerous for public health. Products with toxic chemicals but also various others, including food imitating products. (3,4)
Online marketplace, e-commerce and Safety Gate
The managers of Online marketplaces must take into account the information published on the Safety Gate to apply the (relatively) voluntary measures necessary to detect, identify, remove or disable access to content that refers to offers of dangerous products and notify the authorities of the type of action taken.
The big suppliers of digital services – not only marketplaces and e-commerce, but also search engines, online platforms, etc., excluding small and medium-sized enterprises – must also comply with the duties established by the Digital Services Act (DSA), which include the notification of suspected crimes, as seen. https://www.egalite.org/digital-service-act-and-freedom-of-information-in-the-european-union/
Other obligations of the managers
Providers of online marketplaces must also comply, also through the use of the Safety Gate portal, with the following obligations:
-designate a single contact point for direct communication (electronic) with the market surveillance authorities of the Member States and one to facilitate communication by consumers;
-adopt specific organizational procedures for product safety, to ensure compliance with the General Products Safety Regulation (GPSR);
-take immediate corrective action on all content (if applicable, including identical content) related to the offer of dangerous products, in case of orders from supervisory authorities for removal, disabling access or adopting explicit warnings;
-organize the interface to facilitate the possibility of inserting the minimum information by commercial operators offering the products, in order to ensure their easy visibility and accessibility to consumers;
-suspend services to traders offering non-compliant products for a reasonable period of time, cooperating with them and with the authorities to eliminate the non-conformities or mitigate the risks of the products present or presented through their online services.
Interoperable interface
A system of interoperable interface has been developed by the European Commission to facilitate compliance by online marketplace operators. They can thus:
-register and connect their information systems to the Safety Gate portal
-receive and download information already made available to the public on the Safety Gate portal
-configure the frequency and content of the information to be downloaded, in line with the instructions published by the Commission.
The operable interface on the Safety Gate can also be used to respond to reports from supervisory authorities and communicate the actions taken, especially regarding product safety.
Reporting of potentially risky products
Customers and the social partners concerned can in turn report to the European Commission non-food products – including materials and objects intended to come into contact with food (e.g. packaging, tableware, kitchen utensils) – potentially at risk of safety.
The data to be included in the reports concern:
– identification of the product that could constitute a risk to the health and safety of consumers;
– any available data on the supply chain of the product in question, in particular the economic operator or the provider of an online marketplace through which the product was purchased or made available, their country of establishment, and (if available) the person responsible for the product;
– evidence supporting the suspected risk to the health and safety of consumers associated with the product. Including, where relevant, the description and circumstances of the incident and the description of the injuries or other damages that occurred;
– name and contact details of the person making the report and Member State of residence or Member State where he/she is located;
-any information on direct contacts had by the author of the report with the economic operator or the manager of the online market.
Procedure
Following the verification of the truthfulness and accuracy of the data, the Commission shall forward the reports to the competent Member States so that they can take appropriate measures to carry out follow-up action.
The subject who sent the report is informed, and his information is transmitted to the authorities of the Member State where:
-the author of the report resides or is located, or
-the product has been made (or imported),
-the product manager or online marketplace manager resides.
The information is made available to all Member States to facilitate transmission to other relevant Member States. (5)
Recall model
The recall model to be used in the case of dangerous products or in any case products that do not comply with the General Products Safety Regulation (GPSR) has already been defined, as we have seen, with the aim of providing all consumers with easy access to essential information. (6)
The recall notice must in fact reach all consumers who may have already purchased the products involved, inform them of the identified risks and the need to stop using them, or follow certain instructions for their safe use.
Provisional conclusions
General Products Safety Regulation (GPSR) applies from 13 December 2024. (7) The Commission has adopted implementing regulations on the right to information and a remedy, but not also other implementing and delegated acts provided for by the GPSR.
Time Left above all the requirements that economic operators and marketplace managers must satisfy so that consumers can register the purchase of products in order to receive direct notification in the event of warnings or recalls for safety reasons.
Dario Dongo and Andrea Adelmo Della Penna
Footnotes
(1) Regulation (EU) 2024/1459 laying down rules for the application of Regulation (EU) 2023/988 as regards the implementation of the interoperable interface of the Safety Gate Portal for providers of online marketplaces http://data.europa.eu/eli/reg_impl/2024/1459/oj
(2) Regulation (EU) 2024/1740 laying down the rules for the application of Reg. (EU) 2023/988 as regards the modalities for consumers and other interested parties to inform the Commission of products that might present a risk to the health and safety of consumers and for the transmission of such information to the national authorities concerned http://data.europa.eu/eli/reg_impl/2024/1740/oj
(3) Dario Dongo, Andrea Adelmo Della Penna. ‘Food imitating products’ and ‘General Products Safety Regulation’ (EU) No 2023/988. FT (Food Times). 27.11.23
(4) Dario Dongo, Luca Foltran. ‘Toxic chemicals in everyday objects, the English report’. FT (Food Times). 20.07.19
(5) The personal data provided by the consumer and other interested parties are stored in the Safety Gate portal and in the national systems only for the period in which they are necessary to ensure adequate follow-up of the cases. In any case, such data are stored for a maximum of five years from their entry.
(6) Dario Dongo, Andrea Adelmo Della Penna. General product safety, GDPR. The recall model. FT (Food Times). 24.5.24
(7) Dario Dongo, Alessandra Mei. General Product Safety Regulation, at the starting line in the European Union. The ABC. FT (Food Times). 13.5.23
Dario Dongo, lawyer and journalist, PhD in international food law, founder of WIISE (FARE - GIFT - Food Times) and Égalité.
Graduated in Food Technologies and Biotechnologies, qualified food technologist, he follows the research and development area. With particular regard to European research projects (in Horizon 2020, PRIMA) where the FARE division of WIISE Srl, a benefit company, participates.
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