Interview with European law enforcement agencies on legislative trends in 2024

Mondo Sports Updated on 2024-02-09

From the end of January to the beginning of February 2024, at the end of the Chinese Lunar New Year, Mr. Chen, a core member of the Chinese team of Ackosen Environmental Technology, led the team of the technical department and the team of the marketing department to start a trip to Europe. The exchange covered a series of important institutions such as the European Commission, the European Parliament, the European Council, law enforcement agencies in Belgium, the Netherlands, Germany, France, Spain, Portugal and other countries, the European Automobile Manufacturers Association ACEA, the Ministry of Transport of many European member states, and the Rapex legislature of the European Early Warning and Recall Center.

We have also sorted out the regulations of this trip to Europe, and sorted out the key trends of European legislation in 2024, this time based on the general regulations of the European Union and the specific regulations on batteries and vehicles.

First, fundamental regulations for consumer goods such as automobiles and electronics are about to come into effect。(the "General Product Safety Regulation" or "GPSR") came into force on 12 June 2023 and is the culmination of the long-awaited legislative revision of the EU General Product Safety Framework. This reform was announced by the European Commission in the New Consumer Agenda and formally proposed on June 30, 2021, nearly a decade after attempts to overhaul the General Product Safety Directive ("GPSD") in the early 2010s stalled. The regulation repealed the General Product Safety Directive ("GPSD"), which had been in effect since 2001, as well as the Generic Food Directive, which was included in the scope of the GPSR. However, according to the communication between ACK Environmental Technology and EU law enforcement agencies, the application of GPSR and the repeal of the above-mentioned EU directive will only take effect after the expiration of the transition period on December 13, 2024.

Second, European countries have strengthened supervision across the board。**Sales and marketing GPSR clearly states that when a product is made available through distance selling for EU audiences, the product will be sold on the market and is therefore subject to product safety rules. The regulation of the law includes the legislative regulation of specific products such as the new EU battery law, EU REACH, EU CLP, EU ELV, etc. The GPSR contains specific information requirements for distance selling, which adds another compliance checkpoint before the product. In addition, with regard to sales, marketplace providers have specific obligations, which are in addition to the obligations set out in the Digital Services Act. To name a few, **market providers should register with the European Securitygate Rapid Alert System (formerly known as RAPEX) and designate a single point of contact; Comply with the orders of the market regulation authorities in a timely manner; And design its interface to enable traders to provide minimal security information for each product listed.

Thirdly, the importance of mandatory EU representation, which no longer pretends to be a European representative。In order to address the safety concerns caused by products from non-EU markets, the GPSR requires that for every product placed on the EU market, there must be an economic operator established in the EU (this obligation has been re-strengthened in the EU Battery Directive and the new EU Battery Law and Packaging Directive) with clear responsibility for safety-related tasks. The person in charge shall be indicated on the product or its packaging or in the accompanying documents. The Responsible Person shall perform the tasks set out in Article 4(3) of Regulation 2019 1020 (the "Market Regulation Regulations"). For example, ensuring that technical documentation can be made available to market surveillance authorities upon request, or that the responsible person is notified and cooperated with these authorities when they have reason to believe that a product is at risk. In addition to this, he or she shall check compliance with the requirements for technical documentation and information.

Fourth, traceability rules and product labeling are necessary measures. In terms of traceability, manufacturers have a new obligation to ensure that their products carry product-identifiable information (such as batch number or serial number) that is easily viewable and recognizable to consumers (there are similarities in the new EU battery law, which has been strengthened in 2027 for battery passports). For designated products that may pose a serious risk to the health and safety of consumers, the Commission may establish a special traceability system that requires economic operators to collect and store data. Also in terms of traceability, the GPSR requires economic operators to be able to provide information about the product and identify its purchaser or party within 10 and 6 years, respectively, after **.

Fifth, accidents, product recalls and market surveillance mechanisms, the GPSR introduces enhanced obligations when it comes to actions to be taken by economic operators (and, in some cases, market providers) to address product safety issues, as well as market surveillance actions. Namely:

i) Accidents. Production enterprises shall promptly report major incidents that they are aware of and reported by other operators and consumers through the security business gateway (appropriate communication channels shall be disclosed). When an online marketplace learns of a serious incident, it should also notify it through the portal** and inform the manufacturer.

ii) Dangerous product recalls: o In the event of a product recall or if a safety warning must be shared with consumers, economic operators and **marketplaces must notify the authorities and all affected consumers. Consumers may be notified separately (for this purpose, loyalty programs and similar programs should give consumers the option to provide their *** for product safety purposes or by issuing a recall notice that meets certain format and content requirements.) o In the event of a product recall, the consumer shall be provided with "effective, free and prompt remedy" at least two of the following remedies: (i) repair; (ii) replacement; (iii) refund of the value of the goods, unless this is not possible or proportionate.

Through the above analysis, it is not difficult for everyone to conclude that whether it is the new EU battery law or REACH20 and the new version of the European Union's ELV and other legislation that the automotive industry is concerned about, as well as other consumer goods in the field of electronic products, mechanical products, are all around the GPSR fundamental legislation is being revised. In 2024, dynamic compliance is fundamental, and continuous attention to EU legislation will become one of the normalized compliance priorities for all enterprises.

Note: **Please indicate that it is from Acxon Environmental Technologies.

☆ end ☆Acxon Environmental Technologies for the European UnionOfficially appointed translator for the automotive industry in response to EU REACH 4Version 0It has established close cooperation with more than 30 institutions such as European law enforcement agencies and REACH legislatures, ECHA, European Commission, European Automobile Manufacturers' Association ACEA, etc., and has established close cooperation inFor the first time in the countryPioneered the automotive industry's vehicle response to REACHSolution, overridden at the same timeSCIP BulletinEU Battery Directive SolutionElectrical and electronic appliancesBattery** Programs, air conditioning, tiresOne-stop solution to IMDS CALDS filling, EU REACH, EU Battery Directive, SCIP notification, EU new battery law, CLP, BPR, ROHS, ELV, carbon footprint, carbon emission regulations, GADSL, POPS, California 65, US TSCA, UK REACH, K-REACH, Turkey REACH and other regulations.

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