What is the General Product Safety Regulation?

The new General Product Safety Regulation (Regulation (EU) 2023/988), aka the GPSR, was published by the European Commission on 12th May 2023. The GPRS replaces the previous General Product Safety Directive 2001/95/EC (aka the GPSD). The aim of the GPSR is to bring the regulatory requirements for consumer products in-line with wider EU regulatory structures, and to address changes in the way such products are marketed and distributed via the likes of on-line retailers and marketplaces.

The new GPSR came into full effect on 13th December 2024, with the GPSD repealed on the same date.

What products come under the scope of the GPSR? 

Most non-food Consumer Products that are offered for sale in the EU are in scope of the GPSR, including used, repaired and reconditioned products.

Under EU rules, ‘Consumer Products’ are goods that are specifically intended for use outside of a professional setting, or which could foreseeably be expected to be used for both professional and non-professional purposes.  Product types specifically excluded from the GPSR include food and drink, plants and animals, antiques, aircraft, animal by-products, animal food and medicinal products.

The GPSR also excludes any Consumer Products covered by other EU regulatory compliance legislation.  For example, Toys are covered by the EU Toy Directive (2009/48/EC), whilst many mains-powered electrical consumer products will fall within scope of the EU Low Voltage and Electromagnetic Compatibility (EMC) Directives (2014/35/EU and 2014/30/EU).

How does the GPSR differ to the former GPSD? 

The GPSR differs significantly and in a wide variety of ways from the GPSD that it replaces.   There are two many differences to list them all individually here, but we can highlight some of the key ones:

• • The GPSR introduces the ‘Precautionary Principle’, requiring Manufacturers and other actors involved in the supply of consumer products to the EU market to take proactive steps to ensure the continuing safety of those products.
  • Manufacturers are required to complete documented Risk Assessments of the products they will be placing on the market in the EU, and where necessary to actively address any risks to consumer safety the assessments may identify.
  • Evidence of a product’s safety must be held by the Manufacturer in the form of written ‘Technical Documentation’.
  • The GPSR adopts the concept of ‘Economic Operators’ as found in the EU’s Market Surveillance Regulation (EU) 2019/1020. It also introduces a mandatory requirement that an Economic Operator, legally established in the EU, is identified for any product within the scope of the GPSR that is placed on the European market.  This Economic Operator is known as the ‘Responsible Person’.
  • The GPSR introduces specific obligations for Providers of On-Line Marketplaces regarding compliance with the Regulations. ‘Provider of an online marketplace’ is defined as ‘a provider of an intermediary service using an online interface which allows consumers to conclude distance contracts with traders for the sale of products’.  Examples of such Providers would include Ebay, Not On The High Street and ETSI.

What is a ‘Responsible Person’?  

All Consumer Products covered by the GPSR must have an Economic Operator, legally established in the European Union, who can undertake various tasks, including liaising with Market Surveillance Authorities in the EU to provide evidence of conformity with the Regulations or notifying the same authorities if a product is found to pose a safety risk.   The Economic Operator who is identified as fulfilling that role for a Consumer Product is designated as the ‘Responsible Person’.

Where the Manufacturer of a Consumer Product is legally established inside the EU, it will act as the Responsible Person by default for the products it places on the market.   Where a Manufacturer is legally established outside of the EU, the role of the Responsible Person and the duties that go with it will default to either the Importer of the products, established in the EU, or to a Fulfilment Service Provider, also established in the EU and working on behalf of the Manufacturer, if one exists.

Alternatively, the Manufacturer may choose to appoint an Authorised Representative, established in the EU, to act as an Economic Operator on its behalf and fulfil the obligations that go with that role, including acting as the Responsible Person.

The GPSR requires that for all products covered by the Regulations and placed on the market in the EU, full details of the Responsible Person, including name, postal address and electronic address, are provided on either the product itself, its packaging, the shipping parcel containing the product or a document accompanying it.   Failure to provide this information can result in a product being refused access to the European Single Market by Customs and Border officials, or removal from sale by Market Surveillance Authorities.

Is appointing an Authorised Representative mandatory?  

No, only having a clearly identified Responsible Person in the form of a valid Economic Operator established in the EU is mandatory.  A Manufacturer may fulfil that role themselves if they have a legal presence in the European Union, or it may rely on Importers or Fulfilment Service Providers to undertake the role its behalf.

However, where a Manufacturer of Consumer Products covered by the GPSR is not legally established in the EU (known as being a ‘Third-Country Manufacturer) it may voluntarily choose to appoint an Authorised Representative to act on its behalf and fulfil the role of Responsible Person.   There are multiple benefits to choosing this approach, including the following:

It can simplify commercial relationships with Importers, Distributors and Fulfilment Service Providers by removing any responsibilities for managing regulatory compliance that those parties might incur by default.

• It ensures that there is a single, dedicated organisation with responsibility for meeting all regulatory obligations under the GPSR for all products delivered to the EU and irrespective of their route to market.
• By allowing the identification of the same Responsible Person for all products delivered to the EU, labelling and packaging printing requirements are streamlined.
• Some Importers or Fulfilment Service Providers, including providers of Online Marketplaces, may refuse to work with Third-Country Manufacturers who do not have an Authorised Representative in place, as they do not want to assume the role of Responsible Person and its obligations by default.

What is the role of an Authorised Representative?  

The precise scope of an EU Authorised Representative’s responsibilities will depend on the agreement between them and a Manufacturer. However, as a minimum, when acting as Responsible Person under the GPSR an Authorised Representative will be expected to do the following:

• regularly check that: 

         (a)  any product they represent complies with the relevant technical documentation;

         (b) any product they represent bears a type, batch or serial number or other element enabling the identification of the product and which is easily visible and legible for consumers.

         (c) details of the Manufacturer, including their name, their registered trade name or registered trademark, their postal and electronic address, are included on any products they represent, the packaging for those products or on an accompanying document.

         (d) when necessary, any product they represent is accompanied by clear instructions and safety information in a language which can be easily understood by consumers, as determined by the Member State in which the product is made available on the market.

• Upon a reasoned request from a Market Surveillance Authority, provide that Authority with all the information and documentation necessary to demonstrate the conformity of a product,
• When having reason to believe that a product in question presents a risk, informing both the Manufacturer and the Market Surveillance Authorities thereof
• Informing the competent national authorities about any action taken to eliminate the risks posed by products covered by their mandate through a notification in the Safety Business Gateway, where the information has not been already provided by the Manufacturer or upon instruction of the Manufacturer;
• Cooperate with the competent national authorities, at their request, on any action taken to eliminate the risks posed by products covered by their mandate.