The new Regulation imposes significant new rules and obligations on manufacturers, online marketplaces and businesses generally in relation to:
- reporting accidents caused by products;
- product recalls;
- product risk assessments prior to marketing;
- online offers;
- products not marked or labelled with the CE mark (to indicate that they conform with relevant EU directives regarding health and safety or environmental protection).
It also opens the door to class actions where products breach the Regulation.
Whatever the final form of the new rules they will, as they are in an EU Regulation, have direct effect in each EU member state.
The new draft extends the original 6-month transitional period to allow businesses affected by the new rules to comply to 18 months, but the Regulation could still be in force before the end of 2024.
Operative date
- To be confirmed
Recommendation
- Businesses whose products are sold into the EU should determine whether and how they may be affected by the new rules and identify the changes that apply to them.
- Businesses should plan the action they need to take to comply, including changes to policies, processes, staff, staff training, IT etc, and budget accordingly.
This article from Atom Content Marketing is for general guidance only, for businesses in the United Kingdom governed by the laws of England. Atom Content Marketing, expert contributors and ICAEW (as distributor) disclaim all liability for any errors or omissions.
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Legal Alert is a monthly checklist from Atom Content Marketing highlighting new and pending laws, regulations, codes of practice and rulings that could have an impact on your business.