The European Union's updated General Product Safety Regulation (GPSR) came into force in June 2023, replacing the long-standing General Product Safety Directive (GPSD) and the Food Imitating Product Directive and comes into effect from the 13th December 2024. This new regulation aims to modernize consumer protection in the EU, reflecting changes in technology, e-commerce, and market dynamics. For UK traders selling into the EU, understanding the GPSR's requirements is critical to maintaining compliance and avoiding penalties.
What Products are covered under the new GPSR?
It applies to any product made available on the EU market, whether new, used, repaired or reconditioned, with a few exceptions, including the below and those goods covered under the CE Marking:
Medicinal products (for human or veterinary usage)
Food and feed
Living animals and plants
Genetically modified organisms and microorganisms
Plant and animal products related to their reproduction
Animal by-products
Products for plant protection
Travel equipment operated by a service provider for consumers’ riding purposes
Aircraft
Antiques
Key Changes in the GPSR
Focus on E-Commerce: The GPSR includes specific provisions for online marketplaces, requiring platforms to actively ensure product safety. This marks a significant shift from the GPSD, which lacked clear rules for digital sales.
Enhanced Traceability: Economic operators, including manufacturers, importers, and distributors, must ensure robust traceability systems. Products must have clear labels indicating their origin, and operators must keep detailed records for at least 10 years.
AI and Technology Risks: The regulation acknowledges risks posed by emerging technologies, including AI-driven products. Safety assessments now explicitly consider cybersecurity vulnerabilities and software updates.
Market Surveillance: EU authorities have broader powers to enforce safety standards, including the ability to recall unsafe products swiftly and impose penalties on non-compliant businesses.
Implications for UK Traders
UK businesses exporting to the EU must align with the GPSR’s requirements. Non-EU traders must appoint an EU-based responsible person to ensure compliance with product safety laws. Additionally, businesses must adapt their documentation and labelling practices to meet the regulation’s stringent standards.
Failing to comply could result in fines, product recalls, or loss of access to the EU market. For UK traders, staying informed and proactive is essential. Seeking legal advice or consulting compliance experts can mitigate risks and ensure smooth operations within the EU.
By prioritizing safety and transparency, UK traders can not only comply with the GPSR but also build trust and competitiveness in the European market.
What exporters, manufacturers and suppliers to the EU market need to do?
Carry out a risk analysis of their products
Appoint an EU operator, if you do not have an EU presence, who will be responsible for ensuring the products comply with safety requirements, respond to consumer enquiries and raise any safety issues with authorities.
Requirement to include an electronic address on the product. If that is not possible, then on the packaging or an accompanying document.
Requirements about labelling including adding warnings and safety notifications in a language the purchasing consumer can understand.
Online marketplaces are also subject to additional requirements, they must, for instance:
Have in place a single point of contact for market surveillance authorities and enquiries.
Record product and customer information.
Use the Safety Business Gateway to report any issues.
Report and cooperate with market surveillance authorities and other operators
Establish internal compliance procedures.
The UK is not currently planning to adopt this new regulation, and will continue to operate under the old 2005 (which mirrors the EU’s GPSD). A consultation has taken place reviewing the existing regulatory framework but there has not further updates.
Selling to Northern Ireland
The new EU GPSR will also apply to goods sold to NI from the 13th December. So if you are selling into NI, make sure you are taking the respective measures to comply with the new regulation.
Need support?
Talk to our expert team and network of associates! Email us at international@gmchamberco.uk or call us at 0161 393 4314.
Sources: European Commission, UK government, i-Croner, SGS, BCC
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