1.3 一般製品安全指令

Directive 2001/95/EC on general product safety (GPSD) (21) is intended to ensure product safety throughout the EU for all non-food consumer products to the extent that they are not covered by sector-specific EU harmonisation legislation. The GPSD also complements the provisions of sector legislation in some aspects. The GPSD therefore provides for a safety net ensuring that all non-food consumer products in the EU are safe. The key provision of the GPSD is that producers are obliged to place on the market only safe products. The GPSD also provides for market surveillance provisions aimed at guaranteeing a high level of consumer health and safety protection.

The GPSD has set up the EU Rapid Alert System which is used to quickly exchange information between Member States and the Commission on measures taken against dangerous non-food products (RAPEX). The EU Rapid Alert System ensures that the identified dangerous products are quickly removed from the entire Internal Market. Subject to international agreements and according to administrative arrangements defined in these agreements between the Union and third countries, selected RAPEX notification data can also be exchanged with non-EU countries.

In the case of serious product risks to the health and safety of consumers in various Member States, the GPSD also provides for the possibility for the Commission to take temporary Decisions on Union-wide measures, so-called ‘emergency measures’. Under certain conditions, the Commission may adopt a formal Decision (valid for one year, but renewable for the same period) requiring the Member States to restrict or prevent the marketing of a product posing a serious risk to the health and safety of consumers.

On 30 June 2021, the Commission adopted a proposal for a new General Product Safety Regulation (22), to replace the GPSD.