General Product Safety Regulation (EU) (2023/988)

Chapter V – Market surveillance and implementation (Art. 23-24)

  • Art. 23 GPSR – Market Surveillance
    1. Article 10, Article 11(1) to (7), Articles 12 to 15, Article 16(1) to (5), Articles 18 and 19 and Articles 21 to 24 of Regulation (EU) 2019/1020 shall apply to products covered by this Regulation.
    2. For the purpose of this Regulation, Regulation (EU) 2019/1020 shall apply as follows:
      1. references to ‘Union harmonisation legislation’, ‘applicable Union harmonisation legislation’, ‘this Regulation and for the application of Union harmonisation legislation’, ‘the relevant Union harmonisation legislation’ and ‘Union harmonisation legislation or this Regulation’ in Articles 11, 13, 14, 16, 18 and 23 of that Regulation shall be read as references to ‘this Regulation’;
      2. reference to ‘that legislation and this Regulation’ in Article 11(1), point (b) of that Regulation shall be read as a reference to ‘this Regulation’;
      3. references to ‘Network’ in Articles 11 to 13 and Article 21 of that Regulation shall be read as references to ‘Network and Consumer Safety Network referred to in Article 30 of this Regulation’;
      4. references to ‘non-compliance’, ‘non-compliances’ and ‘non-compliant’ in Article 11, Articles 13 to 16, Articles 22 and 23 of that Regulation shall be read as references to ‘failure to comply with this Regulation’;
      5. the reference to ‘Article 41’ in Article 14(4), point (i) of that Regulation shall be read as a reference to ‘Article 44 of this Regulation’;
      6. the reference to ‘Article 20’ in Article 19(1) of that Regulation shall be read as a reference to ‘Article 26 of this Regulation’.
    3. Where a dangerous product has been identified, market surveillance authorities may request from the manufacturer information on other products, produced using the same procedure, containing the same components or being part of the same production batch, which are affected by the same risk.
  • Art. 24 GPSR – Reporting
    1. Member States shall communicate to the Commission, not later than two years after the adoption of the implementing act referred to in paragraph 2 and every year thereafter, data concerning the application of this Regulation.
      Following the communication from the Member States, the Commission shall draw up annually a summary report and make it available to the public.
    2. The Commission shall, by means of implementing acts, determine the output indicators on the basis of which Member States are to communicate the data referred to in paragraph 1 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 46(3).