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EU General Product Safety Regulation – Your Key Questions Answered

Product Safety Regulation

The EU General Product Safety Regulation (GPSR) introduces updated rules for ensuring the safety of consumer products sold within the European Union. The Regulation, which came into effect in 2024, is a significant development aimed at strengthening consumer protection and promoting accountability among manufacturers, importers, and distributors. Here, we address the key questions businesses and consumers have about the GPSR.

What is the EU General Product Safety Regulation?

The GPSR is a legal framework designed to ensure that all consumer products available in the EU market meet high safety standards. It replaces the General Product Safety Directive (2001/95/EC) and introduces updated provisions to address modern challenges, such as e-commerce and technological advancements.

The Regulation applies to non-food consumer products, including toys, electronics, household goods, and cosmetics. Its overarching goal is to reduce the risks associated with unsafe products, particularly those sold online or manufactured outside the EU.

Who does the GPSR apply to?

The regulation applies to various parties involved in the supply chain, including:

  • Manufacturers: Responsible for designing and producing safe products and ensuring compliance with safety standards.
  • Importers: Must verify that non-EU products meet EU safety requirements before placing them on the market.
  • Distributors: Required to handle and store products in a way that preserves their safety.
  • Online Marketplaces: Have new responsibilities to remove unsafe products and provide clear safety information to consumers.

What goods are not covered by the GPSR

The EU Product Safety Regulation does not apply to certain categories of goods that are regulated under specific sectoral legislation. These include food and agricultural products, which fall under separate EU food safety laws, pharmaceuticals and medical devices governed by the EU Medical Device Regulation and related directives, and motor vehicles, which are subject to type-approval legislation. Additionally, products used exclusively in industrial or professional settings, such as heavy machinery and tools, may be excluded if they are not intended for consumer use. This ensures that the GPSR focuses specifically on general consumer goods, avoiding overlap with other detailed regulatory frameworks.

The legislation also does not apply to products placed on a market in the EU before 13 December 2024. It does not affect goods coming from Northern Ireland to Great Britain. 

What are the main requirements of the GPSR?

The GPSR introduces several key obligations for businesses:

  • Product Safety Assessment: Manufacturers must conduct rigorous safety assessments before launching products.
  • Traceability: Products must include clear labelling and documentation to enable traceability along the supply chain, such as unique QR codes.
  • Market Surveillance: Authorities are empowered to inspect products and take enforcement actions against non-compliant businesses.
  • New Technology Considerations: Businesses must evaluate risks associated with connected products, such as cybersecurity vulnerabilities in smart devices. For instance, manufacturers of IoT devices should consider measures to prevent hacking.
  • Consumer Recalls: Clear and efficient procedures must be in place for notifying consumers and recalling unsafe products.

What changes does the GPSR introduce for online marketplaces?

Online platforms have come under increased scrutiny due to the rise in cross-border e-commerce. The GPSR places specific obligations on online marketplaces to ensure product safety:

  • Proactive Monitoring: Platforms must actively identify and remove unsafe products. Amazon and eBay, for example, have already implemented some monitoring systems to align with such regulations.
  • Compliance by Proxy: Platforms can be held accountable if they fail to act when notified of safety issues.
  • Single Point of Contact: Marketplaces must provide contact information for liaising with regulators and consumers regarding product safety.

How does the GPSR address emerging risks?

The regulation recognises the challenges posed by new technologies and global supply chains. It explicitly addresses risks such as:

  • Cybersecurity Threats: For connected devices, manufacturers must assess and mitigate potential cyber risks. For example, smart home devices must include safeguards to prevent unauthorised access.
  • Global Sourcing: Importers are required to ensure that products manufactured outside the EU comply with the same safety standards as those produced within the EU.
  • Rapid Response to Hazards: Authorities can act swiftly to recall products or issue safety warnings to protect consumers.

What are the penalties for non-compliance?

Non-compliance with the GPSR can result in severe penalties, including:

  • Fines: Financial penalties proportionate to the severity of the breach. For instance, fines can reach significant sums for repeated or severe breaches.
  • Product Recalls: Mandatory withdrawal of unsafe products from the market.
  • Market Bans: Prohibition on selling non-compliant products within the EU.

Businesses are encouraged to prioritise compliance to avoid reputational damage and legal consequences.

What steps can businesses take to ensure compliance?

To comply with the GPSR, businesses should:

  1. Review Product Safety Standards: Ensure that all products meet the latest EU safety standards.
  2. Implement Traceability Measures: Maintain comprehensive records to trace products through the supply chain, such as clear labelling with serial numbers or QR codes.
  3. Update Risk Assessments: Regularly evaluate potential risks, especially for innovative or connected products. For instance, consider risks associated with battery-powered devices or connected gadgets.
  4. Train Staff: Educate employees on the GPSR’s requirements and their roles in ensuring compliance.
  5. Collaborate with Marketplaces: Work closely with online platforms to address product safety issues promptly and effectively.

How does the GPSR benefit consumers?

The regulation enhances consumer safety by:

  • Reducing Unsafe Products: Stricter requirements for businesses mean fewer hazardous items reach the market.
  • Improved Transparency: Clearer labelling and traceability empower consumers to make informed choices. For example, consumers can verify product origins and safety certifications via QR codes.
  • Faster Responses to Hazards: Authorities can act more quickly to remove dangerous products from circulation.

These measures aim to build trust in the safety of products sold across the EU and bolster consumer confidence in both traditional and online shopping environments.

What impact does the GPSR have on UK businesses?

While the UK is no longer an EU member, the GPSR is relevant for UK businesses that export to the EU. Such businesses must:

  • Comply with EU Standards: Ensure products meet GPSR requirements to access the EU market.
  • Work with EU-Based Representatives: Non-EU manufacturers must appoint an authorised representative within the EU.
  • Adapt Supply Chains: Align sourcing and production practices with EU regulations to maintain market access. Simultaneously, businesses should comply with UK-specific regulations such as the UKCA marking to avoid market conflicts.

How will the GPSR be enforced?

The regulation will be enforced through coordinated efforts by EU member states and market surveillance authorities. Key enforcement tools include:

  • Random Inspections: Authorities will conduct random checks on products sold both offline and online.
  • Cross-Border Cooperation: Regulators will work together to address issues involving products sold across multiple EU countries.
  • Consumer Reports: A strengthened mechanism for consumers to report unsafe products directly to regulators.

Wrapping up

The EU General Product Safety Regulation represents a significant step forward in enhancing consumer protection and addressing the challenges of a modern, digital marketplace. Businesses must adapt to these changes by prioritising safety, transparency, and accountability throughout the product lifecycle. For consumers, the GPSR provides greater assurance that the products they purchase meet stringent safety standards.

If you require legal advice concerning commercial law matters, please call our office today on 02476 231000 or email enquiries@askewslegal.coPlease note that this article is for information purposes only and does not constitute legal advice.