Published 12/12/24
The General Product Safety Regulation (GPSR) replaces the General Product Safety Directive (GPSD) from the 13th December 2024, introducing changes to product safety standards across the EU Market. It’s highly important that relevant economic operators understand these changes and update their own processes to ensure that all the applicable products they manufacture, import, or sell are compliant with these new regulations.
In this article, we outline the basics of GPSR including what it is, why its being introduced, as well as the obligations of each of the associated economic operators defined within the regulation.
Contents
- What is GPSR?
- When does GPSR Come into Effect?
- Why is GPSR Being Introduced?
- What You Need to Know
- What's Covered by GPSR?
What is the General Product Safety Regulation (GPSR)?
The General Product Safety Regulation is a new EU regulation that replaces the General Product Safety Directive. It is concerned only with consumer products, i.e. goods that are outside of a person’s trade, business, craft or profession. Do note, however, that they do include those products that have migrated from the professional market and are now available to consumers.The GPSR updates includes more focus on the vulnerability of consumers, internet connectivity, cybersecurity and the learning capabilities of products. It also addresses new requirements for recalls as well as evolving to cope with the increased popularity of online marketplaces and eCommerce.
When Does GPSR Come into Effect?
From Friday 13th December 2024, the ‘Regulation (EU) 2023/988 General Product Safety Regulation' will replace the 'General Product Safety Directive (2001/95/EC)'. This change will only apply to products that are placed on the market following the introduction of GPSR, any products on the market prior to this date will not fall under the scope of GPSR, thus the GPSD will apply.
The new '(EU) 2023/988 GPSR' does not apply in Great Britain, where the 'General Product Safety Regulations 2005’ or GPSR 2005 will continue. It is is important to remember that while these two GPSRs have very similar titles, they are not one and the same. Many companies in the EU will probably refer to their products as being 'compliant to GPSR’ and so you must understand where the product is being sold before making judgement as to which Regulation it should fall within.
Why is GPSR Being Introduced?
GPSR is being introduced to modernise product safety standards in the EU. It does this by addressing challenges being faced as a result of the various technological advancements that have been made since the introduction of GPSD such as the popularisation of online marketplaces and eCommerce.
The new regulation aims to adapt to the growth of eCommerce while also improving traceability and strengthening market surveillance to enhance consumer protections. GPSR does this by introducing specific obligations for online marketplaces and providing market surveillance authorities with advanced tools to monitor product compliance and reduce the time for actions to be taken when unsafe products are identified.
What You Need to Know
Due to the extent of the updates being introduced by GPSR it may be difficult to understand what your responsibilities are. Your responsibilities will vary depending on which category of economic operator you fall under within GPSR, so it’s important to know your role in bringing a product to the market before diving into what your regulatory obligations are.
GPSR Roles
The roles that economic operators fall within under GPSR have been substantially changed and are now much more closely aligned with those found in CE marking legislation and the Market Surveillance Regulation (EU) 2019/1020. The roles that are defined under GPSR include:
- Manufacturers
- Importers
- Distributors
- Authorised Representatives
- Online Marketplaces
Manufacturers
Manufacturers are defined as the entities that market a product under their name or trademark, whether they manufacture it themselves or have it designed and manufactured for them. They must ensure that the product is safe by conducting risk assessments as well as provide the relevant safety and usage information.
Additionally, manufacturers must also maintain technical documentation in order to demonstrate compliance with the regulation and implement corrective actions if safety issues are identified.
Learn more about the obligations of Manufacturers under GPSR in Article 9 of the Regulation.
Importers
Importers are businesses or individuals in the EU that place products from outside the EU on the EU market. As an importer, you must ensure that the products that you’re bring to the EU market are compliant with EU safety standards as well as that they are properly labelled and have the required traceability information.
Importers must also monitor the safety of the products and immediately report any safety risks to market surveillance authorities.
Learn more about the obligations of Importers under GPSR in Article 11 of the Regulation.
Distributors
Distributors are other entities in the supply chain that provide products to the market without altering them. They must verify that products comply with safety requirements, are properly labelled, and include the relevant consumer safety instructions.
Distributors must also act responsibly if they identify a safety issue, such as removing products from the market or informing authorities.
Learn more about the obligations of Distributors under GPSR in Article 12 of the Regulation.
Authorised Representatives
Authorised Representatives are individuals or businesses based in the EU that are appointed by manufacturers to perform certain tasks that are normally the manufacturers’ responsibility. Authorised Representatives must be able to provide the technical documentation that demonstrates compliance with the applicable regulations and directives as well as liaise with market surveillance authorities on issues that may arise such as product recalls or safety issues.
Learn more about the obligations of Authorised Representatives under GPSR in Article 10 of the Regulation.
Online Marketplaces
Online Marketplaces are platforms that facilitate the sale of products directly to consumers. These marketplaces must ensure that any product listed on their platform (e.g. website or mobile app) are compliant with the relevant safety standards as well as conduct random safety checks on listed products at least using the Safety Gate Portal, and promptly respond to any safety concerns or product recalls.
Learn more about the obligations of Online Marketplaces under GPSR in Article 22 of the Regulation.
What’s Covered by GPSR?
GPSR is applicable to any product that is placed or made available on the EU market, provided that there no specific EU laws, regulations, or directives that already address the same safety objectives for the product. If specific regulations or directives do exist, the GPSR will only apply to the risks or aspects of the product that are not covered by the existing standards.
However, certain product categories are excluded from the scope of the GPSR, such as:
- Medicinal products for human or veterinary use
- Food
- Animal feed
- Living plants
- Animals, genetically-modified organisms, and related reproduction materials.
Additionally, GPSR excludes animal by-products, pesticides, transport equipment operated by service providers (e.g., public transport vehicles), specific aircraft, and antiques.
It’s also important to note that the GPSR applies to products in all conditions, such as new, used, repaired, or reconditioned items, provided they are sold or made available on the EU market. However, products intended for repair or reconditioning before consumer use are excluded, as long as they are clearly marked as such.
Get in touch with Conformance
Need more help with GPSR? Conformance Ltd. has been established for over 20 years in the product safety and compliance industry. We have a team of highly experienced staff and engineers with considerable knowledge and familiarity with the UKCA and CE marking processes. Our team has extensive knowledge of safety standards, product safety assessments, product design and the real-world issues faced by manufacturing industries.
Get in touch with us today on +44 (0)1298 873800 or email