A Guide to General Product Safety Regulation (GPSR)

What is the Aim of the GPSR Regulation?

GPSR is a new legal framework for the European Union (EU) product safety that will replace the General Product Safety Directive (GPSD) and the Food Imitating Product Directive. This regulation addresses modern challenges posed by digitalization and online sales.

Some of the objectives of this regulation are:

• Ensure Comprehensive Safety: GPSR’s goal is to ensure the safety of all consumer products, especially those using new technologies. This proactive approach is essential in a fast-paced world where tech advancements quickly enter the market.
• Regulate E-commerce for Products: GPSR tackles challenges related to online sales, particularly for online marketplaces. These platforms must now perform thorough checks to ensure that all products listed meet EU safety standards, marking a move towards greater accountability in the digital marketplace.
• Enhance Enforcement and Surveillance: The GPSR places more responsibility on member states to enforce the regulation, including regular market surveillance and corrective actions in case of noncompliance.
• Streamline Recalls: GPSR seeks to enhance consumer trust and safety by promptly informing consumers and providing necessary remedies for unsafe products.

How Does the GPSR Differ From the GPSD?

The GPSR differs from the previous regulation, GPSD, in several ways, including:

Mandatory Risk Assessment and Hazard Identification

A key update in GPSR is the emphasis on pre-market safety assessments. Now, businesses must conduct thorough risk assessments that look at all potential hazards linked to a product, including risks from new technologies like Artificial Intelligence (AI) and the Internet of Things (IoT). This assessment needs to be documented and provided to authorities when requested.

Improved Traceability and Digital Product Passport

GPSR sets stricter traceability rules, requiring businesses to keep records that allow products to be tracked throughout the supply chain. The adoption of a digital product passport will make it easier to track products, enhance market surveillance, and reduce the time taken for recalls.

Broader Scope of Products Covered

While GPSD only applies to products sold within the EU, GPSR covers all consumer products marketed in the EU, regardless of origin. This update addresses concerns regarding unsafe products imported from outside the EU.

Responsibilities for Online Marketplaces

With the growth of e-commerce, GPSR now holds online marketplaces responsible for the safety of the products they sell. These platforms must ensure that all listed products meet EU safety standards, and any items that don’t comply may be removed. They also need to work with market surveillance authorities if safety issues arise.

Penalties and Enforcement

GPSR introduces stricter penalties for non-compliance and requires all EU member states to enforce these measures properly. The regulation also improved the enforcement mechanisms, giving market surveillance authorities more power to monitor products and act against unsafe items.

Appointment of ‘Responsible Person’

The GPSR introduces a new regulatory figure, the Responsible Person, which GPSD did not have. The Responsible Person must be identified to ensure compliance with the requirements set out in the GPSR.

As stated in Article 4(2) of the Market Surveillance Regulation, the Responsible Person can only be:

• Manufacturer: A name or trademark for a company that develops products and is based in the EU.
• Importer: A business based in the EU that launches a product on the EU market.
• Authorized Representative: A recognized individual in the EU who takes instructions from a manufacturer and acts on their behalf to fulfill specific tasks related to the GPSR requirements.
• Fulfillment Service Provider: A person or business that stores, packages, dispatches, and delivers products on behalf of manufacturers established outside the EU.

Which Products Are Covered by the GPSR?

The GPSR applies to all consumer products, whether new or second-hand, sold in the EU market. Some of these include:

• Toys
• Electrical and electronic equipment
• Cosmetics and personal care items
• Clothing and textiles
• Children’s products
• Food contact materials
• Vehicles and spare parts

However, GPSR doesn’t apply to:

• Medicinal products
• Food and feed
• Living plants and animals
• Genetically modified organisms
• Animal by-products and derived products
• Plant protection products
• Equipment that consumers ride or travel on when operated directly by a service provider
• Aircraft
• Antiques

Simple Steps for GPSR Compliance

There are several steps that businesses can take to prepare and comply with the GPSR, some of which include:

• Perform Thorough Risk Assessments: Begin with detailed risk assessments for all products, focusing on potential hazards throughout the product lifecycle. This process should be documented carefully, and clear responsibilities for product safety should be assigned.
• Improve Supply Chain Management: Work closely with suppliers and partners to ensure that all products meet the required safety standards and that traceability measures are in place. It will also involve establishing procedures for handling and reporting noncompliant products.
• Focus on Training and Education: Train employees on GPSR requirements, especially those in product design, quality control, and compliance. Regular training sessions will keep staff updated on the latest regulations and help them implement these changes effectively.
• Utilize Existing Testing Data and Documentation: If you already have a product safety testing program, review how your current testing data and documentation can be used to comply with GPSR requirements.
• Prepare for Market Surveillance and Audits: A robust compliance program will help mitigate the risks of non-compliance and ensure that the company is always audit-ready.