From Friday 13th December 2024, the General Product Safety Regulations (GPSR) 2024 are set to introduce new changes to product safety standards across the EU market. As these changes are fast approaching, it is important for manufacturers, distributors and retailers to familiarise themselves with the latest legislation to ensure compliance and continue to focus on consumer safety.
What is the General Product Safety Regulation?
The General Product Safety Regulation (GPSR) aims to ensure the safety of all products placed on the EU market. It is a new key part of the EU product safety framework and modernises the product safety framework and addresses new challenges posed to product safety. The GPSR aims to ensure the safety of all non-food consumer products that are sold within the EU, whether sold online or offline.
The GPSR requires that all consumer products on the EU market are safe and regulated. Once the GPSR has come into effect, this will replace the General Product Safety Directive (GPSD) effective immediately. GPSR can also be referred to as EU 2023/988.
When does the GPSR come into effect?
The General Product Safety Regulations, which replace the General Product Safety Directive 2001/95/EC, will come into effect on Friday 13th December 2024. Products placed on the market before the 13th of December 2024 will not be included under the GPSR, it is only applicable to products after this date.
What do you need to know?
The 2024 update aims to improve consumer protection by ensuring that all market products are safe for use. The regulations cover a very broad range of products, and these are the key takeaways from the upcoming GPSR update:
- Detailed safety standards for a wider range of products from all sectors
- An increase in accountability for manufacturers and operators in the supply chain
- Improved market surveillance
- Stricter enforcement measures
- Requirement for traceability
- Clearly displayed product information
What are the objectives of GPSR?
These are the following objectives of the General Product Safety Directive:
- Ensuring safety of all products, including those linked to new technologies
- Addressing challenges posed by the growth of online sales
- Better enforcement of the rules
- Highly efficient market surveillance
- Improved product recalls of dangerous products
Who does GPSR affect?
The headline obligation is that both manufacturers or importers placing goods on the market from outside the EU, EEA or NI must have appointed a responsible economic operator to be their representative within these areas.
This can either be the manufacturer, importer, authorised representative or a fulfilment service provider.
Where does GPSR come into effect?
GPSR 2023/988 is only required within the EU, it is not applicable for the UK and products sold in the UK. General Product Safety Regulations 2005, or GPSR 2005, will continue in the UK and products should comply with the rules under this legislation only.
It is critical to remember which GPSR is applicable to your product may appear similarly, but they differ greatly.
Due to the Northern Ireland Protocol, products sold in Northern Ireland must comply with the new GPSR rules, not the previous regulations used in the UK.
What is the reason for GPSR being introduced?
GPSR has been created to modernise product safety standards within the EU market. To modernise standards, GPSR addresses challenges that are created by technological advancements that have been made since the original General Product Safety Directive was introduced. The key technological advancement is the popularity of online marketplaces and eCommerce.
This new regulations core aim is to adapt to the rapid growth of eCommerce whilst also improving traceability and strengthening market surveillance to protect customers. This is achieved by introducing specific obligations for online marketplaces and providing authorities with advanced tools to monitor product compliance. Furthermore, GPSR aims to reduce the time for actions to be taken once unsafe products are identified.
The roles under GPSR
Manufacturer
This is who is responsible for ensuring product compliance with the latest regulations, conducting risk assessments and maintaining relevant technical documentation
Importer
The importer ensured product compliance with safety requirements, maintains required documentation and handles possible product recalls
Distributor
The distributor ensures compliance, verifies all associated documentation and notifies the authorities of any safety issues
Authorised Representative
This is a third party who maintains technical documents, works alongside the authorities and acts on behalf of the manufacturer
Fulfilment Service Provider
Ensures product compliance, maintains activity records and cooperates with authorities during product investigations and recalls
Online Platforms
Implement measures to prevent the sale of non-compliant products, cooperate with authorities, and assist in recall procedures
Obligations of manufacturers under GPSR
Manufacturers hold the responsibility for ensuring products are compliant with the new GPSR regulations. Key obligations for manufacturers include:
- Design and production: Ensure that products meet safety standards
- Risk assessments: Complete thorough risk assessments
- Document: Maintain technical documentation as this can be required at any given time
- Testing: Verify that products are safe through correct testing
- Traceability: Ensure products are traceable throughout the supply chain
- Action: When required, take the corrective action to reduce safety risks
- Labelling: Only provide clear and accurate information
What do manufacturers need to do?
Switching from the General Product Safety Directive (GPSD) to the General Product Safety Regulation (GPSR) requires businesses to complete the following:
Appoint an Responsible Person
As a manufacturer, you will need to appoint a responsible person who is responsible for compliance with the GPSR legislation, especially for manufacturers that are located outside the EU. When certifying your products, you are now required to also include the address of your responsible person on your product, and/or accompanying documentation.
Review
It is critical that you as a manufacturer review the legislation of the GPSR to ensure that you continue to comply with the updated rules. Additionally, you should also adjust safety and compliance programs you have in place to accommodate the new requirements.
Finally, it is important to implement a new or update an existing risk assessment to identify risks and how these can be mitigated in line with the new regulations.
Improved record keeping
You should review how documents are recorded and update record-keeping practices to be inline with the new rules. Overall, good record keeping will help with traceability and incident reporting, which are key factors of the updated GPSR legislation.
Product testing
Existing product testing and certification processes will be outdated once the new regulations are live. Manufacturers should review the new standards and update their processes inline with this to ensure their compliance.
Labelling
Product labelling and documentation needs to be updated. You will now need to include the address of the authorised representative as well as the address of the manufacturer on your products, or product documentation.
Updated incident reporting
You will need to review procedures for incident reporting and the correcting actions in line with GPSR protocols, as current reports will become outdated and invalid.
Training
It is highly important to educate and train your employees on the new regulations so they are aware of the legislation updates and what will need to change going forward. Poor training and lack of communication with employees can lead to non-compliance with the GPSR.
Audits
Once the GPSR is live, you should conduct weekly or monthly audits to ensure that all products are being manufactured correctly and inline with the updated protocol, this can help eliminate any non-compliance and highlight areas for future improvement.
Update IT systems
IT and data management systems should be updated to support the new compliance and reporting requirements.
Stay informed
Maintain regular communication with the regulatory authorities to stay informed about updates and changes to the General Product Safety Regulations.
How are GPSD and GPSR different?
Scope and coverage
- GPSD: This is focused on general consumer products within specific directives
- GPSR: Expands to a broad range of products, including those that were previously unspecified and not covered by a directive
Market surveillance
- GPSD: Varied effectiveness within member states
- GPSR: A framework across the EU with increased resources and authority for enforcement agencies
Accountability and traceability
- GPSD: Basic requirements
- GPSR: Stringent requirements for traceability including the introduction of a digital product passport and mandatory record keeping for economic operators.
Penalties for non-compliance
- GPSD: Varied penalties depending on the state
- GPSR: Standard penalty, regardless of state and this includes higher fines and potential criminal charges for severe breaches
Product recalls
- GPSD: Less structured process
- GPSR: Comprehensive process with mandatory reporting of safety issues including detailed procedures and timelines for notifying authorities and consumers
What products are included within the GPSR?
The following products are covered by the upcoming General Product Safety Regulations:
- Furniture, such as chairs, tables and beds
- Clothing & footwear, such as jackets, jeans and shoes
- Baby products, such as cribs, strollers and high chairs
- Kitchenware, such as pots, knives and mixing bowls
- Lighting, such as fixtures, lamps and bulbs
- Home décor, such as candles, vases and frames
- Pet products, such as toys, beds and bowls
- Stationery, such as staplers, notepads and pens
- Recreational items, such as puzzles, cards and frisbees
- Automotive products, such as mats, chargers and covers
- Seasonal decorations, such as lights and decorations
- Fitness equipment, such as treadmills, dumbbells and footballs
- Chemicals, such as industrial chemicals, household cleaners, agricultural pesticides and paints
- Vehicles & parts, such as cars, motorcycles, aircrafts and engines
It is important to note that products manufactured before the 13th of December 2024 are exempt from the GPSR update, it is only applicable to products manufactured after the 13th of December. If your products do not comply with the GPSR legislation, this can also impact their eligibility for CE marking and therefore ability to be sold within the EU.
What products are excluded by the GPSR?
The following products are excluded by the GPSR and are not covered by the upcoming legislation changes:
- Pharmaceutical products, such as prescription medications, over the-counter drugs, vaccines and medical treatments
- Medical products, such as pacemakers, MRI machines, surgical instruments and blood pressure monitors
- Food & drink, such as fresh produce, packaged foods, alcoholic beverages and soft drinks
Additionally, the new GPSR legislation does not apply to any products placed on the relevant market before 13 December 2024.
What is the new GPSR product recall system?
Under the 2024 GPSR, there is a new structured approach to product recalls which includes mandatory reporting. This is the process which manufactures must follow when handling product recalls:
Reporting
All manufacturers, importers and distributors must report any product safety concerns straight away without any hesitation
Recall
A clear procedure for product recalls should be implemented
Action
The manufacturer should take immediate and corrective action to recall the product from market to prevent any possible risks from developing
Notifications
Consumers must be notified of the product recall and provided with information on how they can be helped
Applying an authorised representatives address
Manufacturers must ensure that their products bear an identifying element such as a type, batch number or serial number. If this isn’t possible to apply to the product, this should be provided on the packaging or product specification documents.
GPSR now also requires that your appointed authorised representative to have a digital contact point.
The latest developments
Digital product passport
There will be an introduction of a digital product passport to enhance traceability and provide detailed information to both consumers and authorities
Increased fines
There will be stricter penalties for non-compliance, including higher fines and potential criminal charges for repeat non-compliance
Market surveillance
Enhanced market surveillance measures to identify and address non-compliant products
Sustainability considerations
Inclusion of sustainability factors in product safety assessments which encourages eco-friendly designs and product materials
Contact us today
If your business requires help and guidance with the transition from the GPSD to the GPSR, our expert team can help you. As EU Authorised Representatives, we are up-to-date with the latest EU legislation and changes. Please contact us today with any questions you may have, and we will be happy to help you and your business.