FAQ

The General Product Safety Regulation (GPSR) main aim is to enhance consumer protection by ensuring that all non-food products within the EU are safe, regardless of the sales channel. It also establishes specific obligations on businesses to ensure compliance.

The GPSR replaces existing policies (GPSD - The General Product Safety Directive and Food Imitating Product Directive) to bring rules up to date with the rapid growth in digital commerce and enhance product traceability.

Article 51 of the General Product Safety Regulation (GPSR), formally known as Regulation (EU) 2023/988, addresses transitional arrangements for products already on the market before the regulation's full application date of December 13, 2024. The GPSR, which applies across the European Union and, due to the Windsor Framework, also in Northern Ireland, sets new safety standards for consumer products. Article 51 ensures a smooth transition by clarifying what happens to products placed on the market prior to this date.

In essence, Article 51 states that products which were lawfully placed on the market before December 13, 2024, and comply with the safety rules in place at that time—such as the General Product Safety Directive (2001/95/EC) or, in the UK context, the General Product Safety Regulations 2005—can continue to be made available without needing to meet the new GPSR requirements immediately. This means businesses don’t have to retroactively adjust or withdraw these products, provided they were compliant with the earlier legislation when first introduced to the market. The term "made available" refers to products being supplied for distribution, consumption, or use, whether sold, gifted, or otherwise provided.

This provision is practical because it avoids disrupting existing stock and supply chains overnight. For example, if a manufacturer or retailer in Northern Ireland or the EU had goods on shelves or in warehouses before the cutoff, those goods remain legally sellable as long as they met the prior safety standards. However, any new products placed on the market after December 13, 2024, must fully comply with the GPSR’s updated rules, such as enhanced risk assessments, traceability requirements, and obligations for online marketplaces.

The article reflects a balance between introducing stricter safety measures and respecting the reality of commerce, where goods are produced and distributed over time. It’s worth noting that this only applies to products already "placed on the market," meaning they’ve entered the supply chain in a given region. Products manufactured but not yet distributed before the date would need to align with the GPSR if introduced afterward.

In short, Article 51 acts as a grandfathering clause, protecting businesses from immediate upheaval while ensuring that, moving forward, all new products meet the GPSR’s higher safety bar. It’s a pragmatic bridge between old and new regulatory worlds.

GPSR came into effect on the 13th December 2024 and effects all EU entities selling goods within the Union, as well as all non-EU business wishing to sell goods into the EU.

Marketplace Platforms

There is specific obligation on marketplaces platforms like Amazon, Zalando and Etsy for traders to comply with GPSR. They are responsible in governing and enforcing GPSR compliance on those businesses who sell goods on their platforms. In the event you’re not GPSR compliant, expect your trading account to be suspended or deactivated.

Distance Sellers

For those companies distance selling into the Europe Union, non-compliant GPSR packages could be stopped from entering the EU by customs officials during random inspections. Custom checks are more likely for packages over the value of €150.00, due to these packages being applicable for duties.

Your European customers will be wary about ordering from those websites who aren’t compliant in case the product is unsafe or on the chance of being stopped by custom authorities.

Wholesale & B2B

If you’re selling wholesale or to other European businesses, most companies will require you to be GPSR compliant, as they won’t like to take the risk or liability of purchasing goods which they will deem to be unsafe.

Ultimately, your business will slowing lose business opportunities in Europe without being GPSR compliant.

Unfortunately, it's not true.

The rumour started on the internet with the incorrect interpretation of Article 51 of the GPSR Directive regarding the transitional period;

Article 51 states;

“Member States shall not impede the making available on the market of products covered by Directive 2001/95/EC which are in conformity with that Directive and which were placed on the market before 13 December 2024.”

Putting Article 51 into English with some clarity;

Member States shall not hinder making previously compliant products (under Directive 2001/95/EC) available on the EU market, where business activities have already been made, and where the individual product had been placed on the EU market, before 13th December 2024.

This means products being placed on the EU market after the 13th December, which haven’t already been shipped or purchased, are required to be compliant with GPSR.

Under GPSR, by offering or placing a product on the EU market, you are deemed to be the manufacturer and inherit all of obligations of the manufacturer.

You will have to adhere to the GPSR unless your product is exempt. It is possible you could face penalties or your products withdrawn if you fail to comply with the new regulations.

The new rules will impact all businesses within the European Union, such as manufacturers, retailers, importers, and online marketplaces, as well as all non-EU business wishing to sell products to EU customers.

The new regulations don’t only apply to new products but also to repaired, used, and reconditioned products. The GPSR doesn’t replace other product-specific regulations but aims to serve as a ‘safety net’.

The GPSR introduces new requirements in areas such as traceability, to ensure transparency and product safety. These include:

• Businesses selling into the EU and Northern Ireland have a named point of contact on product safety (known as the ‘EU Responsible Person’)
  

• Products are traceable (for example, through a batch or serial number) in a way that is visible and accessible for consumers
  

• Businesses selling via an online sales platform must verify its compliance with GPSR requirements

The following list of products are excluded from GPSR compliance;

1. Medicinal products for human or veterinary use

2. Food

3. Feed

4. Living plants and animals, genetically modified organisms and genetically modified microorganisms in contained use, as well as products of plants and animals relating directly to their future reproduction;

5. Animal by-products and derived products;

6. Plant protection products;

7. Equipment on which consumers ride or travel where that equipment is directly operated by a service provider within the context of a transport service provided to consumers and is not operated by the consumers themselves;

8. Certain aircraft

9. Antiques

If you are based outside of the European Union or Northern Ireland, it is mandatory to appoint a 'Responsible Person' from the 13th December 2024.

A crucial aspect to remember is that the GPSR is not limited to new products but also covers second-hand, repaired, reconditioned, or recycled items. It even applies to products initially designed for professionals but are increasingly being used by consumers – a trend we’re witnessing more frequently these days.

• Ensuring your products are safe for use as intended

• Displaying relevant safety information, labels and any required compliance marks (eg CE marking for toys) on all products listings

• Including safety information, contact details, product identification and instructions for use in all orders sent

• Contact details of the EU Authorised Representative, if applicable

• Keeping appropriate technical documentation for your products for 10 years after being placed on the market

• Cooperating with market surveillance authorities, if needed

You’ll have to display any applicable instructions, warnings for safe use and disposal, and safety information for the product you’re selling. This information must be presented in the local language of the country where your item is being sold. You can include an image (a pictogram, a symbol, or a label), a statement (safety warnings or chemical hazard warnings), a product manual, or any other document that contains this information.

The EU or Northern Ireland-based Responsible Person is responsible for specific tasks related to compliance and product safety, such as:

• Checking that the EU declaration of conformity, CE marking, and other technical documentations are in order, and providing them to the market surveillance authorities to demonstrate the conformity of the product

• Informing the market surveillance authorities about dangerous products and accidents through the EU Safety Business Gateway

• Cooperating with the market surveillance authorities and ensuring the necessary actions are taken to rectify any non-compliance issues

• Providing documented evidence of the checks that were performed, if requested by the authorities

The Responsible Person can be one of the following and must be located in the EU or NI:

• The manufacturer

• An importer, if the manufacturer is not established in the EU or Northern Ireland

• An authorised representative of the manufacturer

• A fulfilment service provider if the manufacturer, importer, and authorised representative aren’t based in the EU or NI

• Economic Operator - any natural or legal person subject to obligations that concern the manufacturing of products, introducing products onto the market, or commissioning them under the applicable EU law.

You must ensure their products are safe before market launch. This includes conducting an internal risk analysis and creating technical documentation with a product description and essential safety characteristics.

Where applicable, the technical documentation should include:

- Analysis of possible risks and solutions, including test reports.

- List of relevant European standards.

You must identify and apply any partially applied European standards, health and safety requirements and identify the parts that have been applied.

The technical documentation must be up-to-date and kept at the disposal of market surveillance authorities for 10 years after market launch.

You must ensure procedures are in place to maintain product conformity with products produced in series to ensure they are still safe.

You must ensure their products bear easily visible and legible identification elements, or provide the required information on packaging or accompanying documents, where size or nature prevents it.

You must include your name, registered trade name or mark, postal and electronic address, and single contact point, if different, on the product or packaging.

You must provide clear instructions and safety information in a consumer-understandable language, as determined by the Member State where the product is available. This requirement doesn’t apply where the product can be used safely without such instructions and safety information.

If you believes a product you have placed on the market is dangerous, you must take corrective measures, such as withdrawal or recall, inform consumers, and inform market surveillance authorities in the affected Member States. You must also provide details about consumer health and safety risks, corrective measures, and available product quantities by Member State.

You will inform other economic operators, responsible persons, and online marketplaces about safety issues you identify.

You will make publicly available complaint channels, considering accessibility needs, for consumers to submit complaints and report accidents or safety issues with products.

You will investigate complaints and information on accidents concerning their products alleged to be dangerous by complainants and keep an internal register of complaints, product recalls, and corrective measures.