The General Product Safety legislation covers products for which there is no specific directive or regulation. Currently, the General Product Safety Directive (GPSD) regulates such products. On 23 May 2023 the Official Journal of the EU published a new law, the General Product Safety Regulation (GPSR). From 13 December 2024, manufacturers will have to comply with the new GPSR.
New Regulatory Requirements for Manufacturers
The new Regulation will bring reinforced market surveillance and enhanced safeguard of safety and health for consumers. Overall, the GPSR addresses new technologies, e-commerce, tracking of products and manufacturer, and sector-specific Union harmonisation legislation. Compared to the previous Directive, the GPSR increased the attention to current challenges and unfair competition in the Union market. Consequently, the Regulation introduces new provisions that manufacturers must comply with when selling online or in-store.
Obligation to Appoint an EU Economic Operator
The GPSR gives particular attention to market surveillance. For both online and offline sellers, the new law introduces the obligation to have one responsible person based in a Member State, such as the importer or the authorised representative. Particularly, providers of online marketplaces will have to designate a single point of contact for consumers and register in the Safety Gate Portal, the database for alerts and bans of dangerous products in the EU.
Role of the Authorised Representative under the GPSR
In light of the increased surveillance the GPSR aims to, the authorised representative performs different tasks which play a decisive role in the market surveillance activities of non-EU manufacturers. The authorised representative performs at least the following tasks:
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Providing market surveillance authorities with documentation demonstrating product safety
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Informing the manufacturer if a product is considered to present a risk
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Notifying authorities via the Safety Gate Portal if corrective actions are required and the manufacturer does not act
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Cooperating with competent authorities to reduce or eliminate product-related risks
Obelis as Your Authorised Representative
In addition to the tasks mentioned above, Obelis as your authorised representative (EAR) is your reference point in the EU and UK market. As EAR, Obelis supports manufacturers of products falling under the GPSD by:
- Offering consultancy on the laws applicable to your products.
- Guiding through the compilation of the required documentation, labels, IFUs, and any other necessary documents to ensure compliance.
- Updating on every regulatory news which impact your products.
- Providing free access to PRODlaw, an information platform with news and Library of Documents, carefully designed for manufacturers.
Act Now to Stay Compliant
From December 2024, manufacturers must be fully compliant with the new GPSR requirements. Early preparation is essential to avoid market access disruptions and enforcement risks.
If you would like to learn more about our GPSR services or need support with compliance, contact us today.
FAQ
1. What is the General Product Safety Regulation (GPSR)?
The General Product Safety Regulation (GPSR) is EU Regulation (EU) 2023/988 that replaces the General Product Safety Directive (GPSD). It sets updated safety requirements for consumer products not covered by specific EU harmonisation legislation.
2. When does the GPSR apply?
The GPSR becomes fully applicable on 13 December 2024. From this date, manufacturers must comply with all new obligations to legally place products on the EU market.
3. Which products are covered by the GPSR?
The GPSR applies to consumer products that are not regulated by sector-specific EU legislation and are sold online or in physical stores within the EU.
4. What are the main changes introduced by the GPSR?
The GPSR strengthens market surveillance, improves product traceability, introduces stricter rules for online sales, and clarifies the responsibilities of manufacturers and economic operators.
5. Do non-EU manufacturers need an EU-based representative?
Yes. Non-EU manufacturers must appoint an EU-based economic operator, such as an importer or authorised representative, to place products legally on the EU market.
6. What is the role of an authorised representative under the GPSR?
The authorised representative supports market surveillance by providing safety documentation, notifying authorities of risks, and cooperating with competent authorities when corrective actions are required.
7. Is an authorised representative mandatory for online sales?
Yes. The requirement applies to both online and offline sales. Online marketplaces also have additional obligations under the GPSR.
8. What is the Safety Gate Portal?
The Safety Gate Portal is the EU alert system for dangerous products. Under the GPSR, economic operators may need to register and submit notifications when product risks are identified.
References:
EUR-Lex (2023) Regulation (EU) 2023/988 of the European Parliament and of the Council of 10 May 2023 on general product safety, amending Regulation (EU) No 1025/2012 of the European Parliament and of the Council and Directive (EU) 2020/1828 of the European Parliament and the Council, and repealing Directive 2001/95/EC of the European Parliament and of the Council and Council Directive 87/357/EEC. Retrieved on 23/05/2023.