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 have an economic operator in the EU
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.
Authorised representative for 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:
- Providing market surveillance authorities with the necessary information to demonstrate the safety of the product.
- Informing the manufacturer when the authorised representative considers the product to pose certain risks.
- Informing the competent authorities of any actions taken to reduce the risks the product might pose through a notification to the Safety Gate Portal, either at the manufacturer’s request or in case the manufacturer did not act.
- Cooperating with the competent authorities, upon their request, to reduce or eliminate any risks the product might pose.
Obelis as 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.
Within December 2024, manufacturers will have to be fully compliant with the GPSD. Act now to be prepared for the new Regulation and stay compliant on the EU market!
If you want to know more about our GPSD services, contact us today.
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.