Source: European Parliament
According to Regulation (EU) 2018/858 on the approval and market surveillance of motor vehicles[1], where a vehicle or component represents a serious risk, the manufacturer shall immediately inform national authorities[2] on the risk and the measures taken. Where the risk requires rapid action, national authorities must take all appropriate restrictive measures. Hence, Member States must ensure the proper recall of vehicles.
The new General Product Safety Regulation (GPSR)[3], which applies from 13 December 2024, reinforces and introduces new and more stringent obligations for economic operators on, inter alia, product safety recalls and the right of consumers to cost-free, timely and effective remedies[4]. The GPSR is also implemented by Market Surveillance Authorities.
The Commission closely monitors the enforcement of EU law and, in case of shortcomings, engages in a structured dialogue with the Member State to assess compliance . If it concludes that the legislation has not been implemented correctly, the Commission may initiate infringement proceedings under Article 258 of the Treaty on the Functioning of the European Union[5] to ensure compliance.
- [1] Regulation (EU) 2018/858 of the European Parliament and of the Council on the approval and market surveillance of motor vehicles (OJ L 151, 14.6.2018, p. 1, ELI: http://data.europa.eu/eli/reg/2018/858/oj).
- [2] Approval authorities and market surveillance authorities.
- [3] Regulation (EU) 2023/988 of the European Parliament and of the Council of 10 May 2023 on general product safety, PE/79/2022/REV/1, OJ L 135, 23.5.2023, p. 1, ELI: http://data.europa.eu/eli/reg/2023/988/oj).
- [4] See Article 37 of the General Product Safety Regulation.
- [5] https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:12008E258.