General Product Safety Regulation Update

The General Product Safety Regulation came into force on December 13, 2024 and places new responsibilities on British companies exporting to the EU, European Economic Area (EEA) and Northern Ireland (NI).

The legisliation places new requirement on certain, but not all, goods exporters in Great Britian to the EU, the EEA and NI1.

The General Product Safety Regulation (GPSR) was proposed by the European Commission to address safety concerns over products entering the EU2.

It is designed to deal with goods sold via online marketplaces or other distance sale means which were non-compliant with EU safety standards and risked harm to consumers.

A precautionary principle runs throughout the new obligations and processes introduced by the Regulation, alongside strong traceability of products. The legislation was first consulted upon four years ago.

What Is the GPSR?

The regulation enhances consumer safety and product traceability, targeting non-compliant products, especially those sold online. Proposed four years ago, it enforces:

• Precautionary principles and stronger safety standards.
• Responsible Economic Operators (REOs) for goods entering the EU/EEA/NI.

Who and What Is Affected?

The regulation applies to most products but excludes food, feed, medicines, live plants/animals, antiques, and low-risk aircraft.

Businesses Must:

1. Appoint an REO: This can be the manufacturer, importer, authorized representative, or a fulfillment service provider based in the EU/EEA/NI.
2. Provide Key Details: Include manufacturer and REO information, product images, and safety warnings in consumer-friendly languages.
3. Ensure Traceability: Keep complaint records for 10 years, notify consumers of safety issues, and report accidents via the Safety Business Gateway.
4. Comply Online: Marketplaces must maintain a single point of contact, record product/customer data, and ensure internal compliance.

Challenges and Solutions

For larger firms, compliance adjustments will be minimal. However, smaller businesses face increased costs and administrative burdens, potentially limiting trade with the EU/EEA/NI.

Recommendations:

• Simplify guidance and tailor it to SMEs.
• Improve communication and offer earlier updates.
• Strengthen UK-EU cooperation to ease compliance costs.

The Department for Business and Trade has produced new guidance in relation to the implications of the Regulations on placing goods on the market in Northern Ireland, but these were only issued just before implementation.

Final Thoughts

The General Product Safety Regulation represents a shift in the EU’s approach to consumer protection and product traceability. For UK exporters, understanding and adapting to these changes is essential to ensure compliance and maintain market access. Small businesses, in particular, must proactively seek guidance and explore solutions to meet the new requirements while minimizing disruptions.

For more details please visit the Gov.uk website