On 13 December 2024, the General Product Safety Regulation (GPSR) comes into force.

If you are a manufacturer, importer or distributor, or online marketplace, supplying in the EU, whether directly or indirectly you will be required to comply with GPSR by that date.

The GPSR aims to bolster consumer protection by ensuring all market products are safe for use. It will apply to all economic operators involved in placing products on the EU market, whether established in the EU or not. It applies to second hand, repaired, or reconditioned products.

Key Changes

The new requirements are designed to fill the gaps not covered by existing EU product safety legislation, such as cybersecurity, digital products and online marketplaces.

A key change is the requirement to appoint an Authorised Representative, who will serve as a contact point for market surveillance authorities in case of product issues. They will receive instructions from a manufacturer and act on the manufacturer’s behalf.

For non-EU manufacturers, the name, registered name and/or trademark, and contact details of your Authorised Representative must be displayed on all your products and/or accompanying documentation.

It extends product recall practices, information requirements and unifies the risk assessment approach to product safety.

There are obligations to work with your supply chain, distributors and representatives, comply with the reporting obligations within the Safety Gate Portal and co-operate with market surveillance authorities.

There is no detail on likely penalties yet and this will be set by individual member states.

If you have trading partners in the EU such as importers or distributors and have not discussed this yet, it is worth reaching out to them now to understand what you need to do to comply and continue trading within the EU. You will need a clear mandate with an Authorised Representative setting out their responsibilities to continue trading directly to consumers.

Manufacturers

In the design and production stage, manufacturers must ensure products are safe by design, conduct internal risk assessments, implement safety features, prepare and maintain technical documentation demonstrating compliance, as well as ensure traceability of products throughout the supply chain.

Before going to market, manufacturers must perform internal testing and quality checks, as well as affix CE markings or other conformity markings where applicable and allowed. Once in the market, manufacturers must report accidents involving their products to consumers and competent authorities using the online Safety Business Gateway.

Manufacturers and online marketplaces must immediately notify consumers and market surveillance authorities of product recalls and safety warnings. This should be directly where possible but can also be through a public-facing communication. In the case of a product recall, manufacturers must offer consumers the options of repairing the product; replacing the product; or an “adequate” refund of the value of the product.

Manufacturers must create channels for consumer complaints and must investigate these complaints thoroughly.

The GPSR introduces new rules on the information manufacturers must provide to consumers. They must provide a postal and electronic address and, where different, the postal and electronic address of the single contact point.

A manufacturer also covers anyone that rebrands or substantially modifies a product, in which case they will be subject to the manufacturer’s obligations under the GPSR.

Importers

If the manufacturer is not stationed in the EU, the importer is responsible for ensuring the manufacturer complies. Importers must verify products comply and ensure manufacturers have carried out appropriate conformity assessments and have proper documentation. Importers are also expected to maintain records of compliance documentation.

Importers are expected to conduct random checks on imported products to verify ongoing compliance and ensure proper labelling and safety information are included. They must also report any safety issues or accidents to the relevant authorities.

Distributors

Distributors must verify that products meet safety requirements and have necessary documentation as well as ensure that products are properly labelled and include safety instructions. During distribution, they must monitor products for any signs of non-compliance or safety issues and report any incidents or safety concerns to the relevant authorities.

Furthermore, they must provide clear and accurate safety information to consumers and assist in recall efforts.

Online Marketplaces

Online marketplaces must ensure that all products listed on their platforms comply with GPSR requirements. They are expected to implement measures to verify the compliance of products and sellers; non-compliant listings must be removed upon notification or discovery. Marketplaces must cooperate with market surveillance authorities in monitoring and reporting safety issues. They must designate a single point of contact for consumer communications on product safety issues.

FAQ’s:

Q: How will this be enforced?

A: Importers and distributors within the EU will have responsibility for ensuring compliance. If you trade directly with EU consumers, then your Authorised Representative must ensure compliance. Customs officials may carry out spot checks for identifiers, Authorised Representative details etc. on products before authorising for entry.

Q: Which languages does the information have to be translated into?

A:  Labels and warnings must be translated into the official language(s) of each EU country where the product is being sold.

Q: Do I need to appoint an Authorised Representative by 13 December 2024?

A: If you sell to EU Consumers, yes. If you trade through importers or distributors within the EU speak to them to understand what additional requirements they will have of your product. The Department of Business & Trade via www.great.gov.uk/export-academy/ has some useful information and seminars.

Q: Do I need to update my legal documents?

A: You will need to agree a formal mandate with an Authorised Representative within the EU setting out their responsibilities. There are detailed requirements to provide contact details online and on packaging or manuals, update your website with new information and product labelling with translations and imagery.

You should review your existing contracts within your supply chain to ensure they contain appropriate obligations to comply with all relevant legislation.

Consider who will bear the cost of relabelling, translation, revised manuals, risk assessments and other new requirements.

Disclaimer: This note is intended to be a general overview on the need for further review or action of the changes, is not intended to be a comprehensive note or legal advice.

Contact Us

For advice on this or any other commercial matter, please contact Antonia Power at Porter Dodson on antonia.power@porterdodson.co.uk or 01392 343458.

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