Regulations in the Czech Republic, Slovakia, and the EU Regarding General Product Safety

In May 2023, Regulation (EU) No. 2023/988 of the European Parliament and of the Council, as amended by Regulation (EU) No. 2024/2748 , on general product safety, amending Regulation (EU) No. 1025/2012 of the European Parliament and of the Council and repealing Council Directive 87/357/EEC and Directive 2001/95/EC of the European Parliament and of the Council. This Regulation revises and updates Directive 2001/95/EC, as well as developments in the field of new technologies and online sales. The Regulation shall apply from December 13, 2024. This Regulation repeals, with effect from December 9, 2026, Directive 85/374/EEC (as amended by Directive 1999/34/EC) and Directive 2001/95/EC with effect from December 13, 2024.
Council Directive 85/374/EEC will be replaced by Directive (EU) 2024/2853 of the European Parliament and of the Council.

During the transitional period (from June 12, 2023, to December 12, 2024), it was possible to place products covered by Directive 2001/95/EC on the market.

The Regulation is directly applicable in EU countries.

Member States must submit data to the Commission regarding the application of Regulation (EU) 2023/988 of the European Parliament and of the Council, using the output indicators set out in Commission Implementing Regulation (EU) 2024/2958.

Implementing rules for Regulation (EU) No. 2023/988 of the European Parliament and of the Council:

Implementing Regulation (EU) No. 2024/2639, laying down implementing rules for Regulation (EU) (EU) 2023/988 as regards the powers and tasks of the single national contact points for the “Safety Gate” early warning system (effective as of December 13, 2024).
The rules governing access to and the operation of the “Safety Gate” early warning system, the information to be entered into the system, and the notification requirements are set out in Annex I to Delegated Commission Regulation (EU) 2024/3173. Annex II to Commission Delegated Regulation (EU) 2024/3173 sets out the criteria for assessing the level of risk.
Implementing Regulation (EU) 2024/1435, laying down implementing rules for Regulation (EU) 2023/988 of the European Parliament and of the Council, as amended by Regulation (EU) 2024/2748, as regards the introduction of a template for notifications of product recalls.
Implementing Regulation No. (EU) 2024/1459, laying down implementing rules for Regulation (EU) 2023/988 of the European Parliament and of the Council as regards the establishment of an interoperable interface for the Safety Gate portal for online marketplace providers.
Implementing Regulation (EU) 2024/1740, laying down implementing rules for Regulation (EU) 2023/988, as regards the procedures by which consumers and other interested parties notify the Commission of products that may pose a risk to the health and safety of consumers, and the procedures for forwarding such information to the competent national authorities (effective as of December 13, 2024).
Implementing Decision (EU) 2024/1761 repealing Commission Decision 2004/905/EC, establishing guidelines for the notification of dangerous consumer products by their manufacturers and distributors to the competent authorities of the Member States in accordance with Article 5(3) of Directive 2001/95/EC of the European Parliament and of the Council. Commission Decision 2004/905/EC is repealed with effect from December 13, 2024. Regulation (EU) 2023/988 of the European Parliament and of the Council, as amended by Regulation (EU) 2024/2748, introduces new obligations for economic operators to inform, via the Safety Business Gateway portal, the market surveillance authorities of the Member States in which the product was placed on the market.

Czech Legislation: The
corresponding legislation in the Czech Republic is Act No. 387/2024 Coll. on General Product Safety, which repeals and replaces Act No. 102/2001 Coll. on General Product Safety.
Another regulation is Act No. 89/2012 Coll., Sections 2939–2943, on Damages Caused by a Product Defect (as amended).
Implementing regulation for the repealed Act: Regulation of the Ministry of Industry and Trade No. 265/2000 Coll., which specifies the details regarding the labeling of footwear with information on the materials used in its main parts, remains in effect for the time being. The new Act No. 387/2024 Coll. implements Regulation (EU) No. 2023/988 of the European Parliament and of the Council on general product safety, which is fully applicable as of December 13, 2024. Act No. 387/2024 Coll. amends the Consumer Protection Act and the Act on Market Surveillance of Products.

The annex to Act No. 387/2024 Coll. contains a list of supervisory authorities competent to conduct proceedings under Regulation (EU) 2023/988 and under this Act, specifying the national regulations that define their jurisdiction:

Implementing regulations repealed by Act No. 387/2024 Coll.:
Government Regulation No. 396/2004 Coll., on procedures, content, and form of notification regarding the occurrence of hazardous non-food products; Government Regulation No. 198/2007 Coll., on the safety of lighters placed on the market.

Regulations of the Slovak Republic:
Requirements for general product safety in the Slovak Republic are governed by Act No. 83/2025 Coll . on General Product Safety (effective May 1, 2025, repealing Act No. 281/2023 Coll .).

General Safety (Mandatory Standards)