The EU’s General Product Safety Regulation (GPSR) will have a significant impact on UK exporters when it comes into force on December 13.
The new law is designed to protect consumers from unsafe products sold offline and online to provide fairer trading conditions for businesses. It replaces the General Product Safety Directive and the Food Imitating Product Directive.
It modernises the EU general product safety framework and address the new challenges posed to product safety by the digitalisation of modern economies.
Most exporters will need to review their EU sales channels, especially if selling online, and identify an EU-based Responsible Person for products from non-EU manufacturers.
Here we provide a guide to the jurisdictions and products involved, the steps businesses should take and list a quick safety checklist.
Who will the law affect?
UK businesses must comply with the GPSR to export products to the EU. This can be done by establishing a corporate entity in the EU or appointing an authorized representative service provider.
The GPSR will also impact UK businesses selling non-food goods to consumers in Northern Ireland.
Key points on jurisdiction:
• Applies to all EU countries
• Applies to Northern Ireland
• Doesn’t apply to the rest of the UK
• Starts December 13, 2024
Which products must comply with GPSR?
All non-food products marketed on all sales channels, providing a safety net for products or risks not regulated in other EU legislation.
This safety net function means that EU consumers are always protected against dangerous products, be it now or in the future.
Most consumer products must comply. The main exceptions are:
• Food and drinks
• Medicines
• Live animals and plants
• Antiques
• Medical devices. If you’re unsure, assume your product needs to comply.
What steps must UK businesses take?
Each product must display the manufacturer’s name, contact details and other key information.
Keep records of matters such as product safety tests, risk assessments, technical documentation and safety warnings and instructions.
If you’re outside the EU, you need an EU-based Responsible Person. This can be an importer you work with, a company you hire specifically for this role, or an EU subsidiary. They are responsible for product compliance and acting as a point of contact for EU authorities.
How do I find a Responsible Person?
We advise that businesses get quotes from several providers, check what services are included, ask about the provider’s experience with your product type and confirm they’re actually based in the EU.
Several companies offer this service.
Quick safety checklist:
✓ Product has clear identification
✓ Manufacturer details visible
✓ Safety warnings in local language
✓ Instructions for safe use included
✓ EU Responsible Person appointed (if needed)
✓ Safety documentation saved
✓ Product meets EU safety standards
David Hooper, our Managing Director, says: “With more and more goods sold online, GPSR has been introduced to add a level of transparency in aid of product safety. It’s imperative exporters are well prepared for the change to avoid breaches that can lead to investigations and penalties.
“There is a particular focus on online sellers, including for direct-to-consumer online sellers, and some platforms may require new documentation or certifications.
“Exporters also need to be across the new mandatory requirement to have an EU-based responsible person, which could be the importer, a subsidiary, fulfilment centre or distributor. This must be discussed and agreed first.
“This might be more difficult for Delivered Duty Paid (DDP) shipments, especially if there is no recognised importer, and means careful consideration is needed.
“It’s also worth noting that while still important, CE marking alone does not satisfy GPSR requirements.”
More information about the General Product Safety Regulation can be found here: https://www.hooperandco.com/gpsr-warning-to-businesses-as-new-restrictions-come-into-force/