09 Dec The EU General Product Safety Regulation (GPSR) – (EU) 2023/988
The EU General Product Safety Regulation (GPSR) – (EU) 2023/988
Background
The General Product Safety Regulation (GPSR) is a new EU regulation which replaces and modernises the current EU General Product Safety Directive.
The GPSR requires that all consumer products on the EU markets are safe. The regulationestablishes specific obligations on manufacturers, importers, and distributors (known as the economic operators).
Broadly speaking the General Product Safety Regulation legislation sweeps up products that are not required to adhere to CE marking legislation or other EU Regulations, so there is now accountability and responsibility for most consumer goods placed on the EU market
When will the regulation enter into force?
The GPSR entered into force on the 12 June 2023 and will apply from 13 December 2024. As part of a transition period, the GPSR will not prevent the sale of products covered by, and compliant with, the GPSD, that were placed on the EU market before 13 December 2024.
What products are covered?
The GPSR applies to non-food products intended for or likely to be used by consumers, which are not otherwise regulated by other EU legislation.i
The following list is not exhaustive, but gives examples of the types of products that would fall under the regulation:
• children’s articles such as cots, prams, highchairs, bunk beds
• bicycles
• household goods such as crockery, cutlery, cooking utensils• gardening and DIY tools
• furniture and soft furnishings
• clothing
• candles and other ornaments
• hobby and art materials
Professional goods which can be obtained by consumers would also be covered, as well as products supplied or made available to consumers for their own use in the course of a service – for example, gym equipment for use in a gym, high- chairs provided for use by diners in a restaurant.
The GPSR applies to products “placed” or “made available”iiion EU and Northern Ireland markets. It applies to new, used, repaired, or reconditioned products.
What Products are not covered?
Where a product is already subject to other existing EU regulations then those other regulations will apply to that product. Examples includes electrical and electronic goods, toys, cosmetics and food.
Key Obligations
• The GPSR sets out new and specific obligations for “economic operators” – UK businesses need to understand which type of “economic operator” they are and understand the specific obligations laid out in the regulation.
- Manufacturer
- Authorised Representative
- Importer
- Distributor
- Online Marketplace
• GPSR requires manufacturers to assess the safety of a product and draw up technical documentation to prove the product’s safety. This must be done before the product is put on the market. Technical documentation must be maintained for 10 years.
• Businesses not established in the EU, but selling in the EU, will need to appoint a Responsible Person (also known as an Authorised Representative) who is established within the EU and who has received a written mandate from a manufacturer to act on that manufacturer’s behalf.
• Products must be labelled with the contact information of the economic operator and the Responsible Person and should include instructions and safety information in a language which can be easily understood by consumers in the country in which the product is made available.
• If the economic operator has distance sales (sales online or through other means), they must provide sufficient information about the product (pictures, information about its safety and use) and name, trademark, and European postal and electronic address of the economic operator before purchase.
• Providers of online marketplaces shall register with the Safety Gate Portal (formerly known as the RAPEX system) and shall indicate on the Safety Gate Portal the information concerning their single contact point.
• The regulations require manufacturers to have communication channels available (telephone, electronic address or a section of their website) for consumers to submit complaints and inform manufacturers of any accidents or safety issues they have experienced regarding a product. There are also provisions for product recall.
Checklist for UK Business selling to the EU or Northern Ireland
Are your products covered by GPSR?
Do you understand your obligations… as either the manufacturer or distributor?
Do the products meet the safety requirements?
Do you have technical documentation?
Are the products labelled correctly?
If you sell online, is there sufficient online information available for consumers?
If you sell via marketplaces, do you understand their requirements?
If you are not established in the EU, have you appointed a Responsible Person?
Does your Product Recall policy comply with GPSR requirements?