EU General Product Safety Regulation (GPSR)

The EU General Product Safety Regulation (GPSR), effective December 13, 2024, introduced updated rules to ensure the safety of non-food consumer products sold in the EU. Businesses selling to the EU must understand their responsibilities under GPSR to remain compliant and avoid penalties. If your business sells into the EU, this guide will help you understand and meet GPSR compliance requirements.

Business or seller responsibilities

• Appoint an EU Authorized Representative

• Adhere to labeling requirements

• Respond to unsafe product notifications

EU Authorized Representative 

Businesses based outside of the EU must appoint an EU Authorized Representative (EAR). This representative plays a critical role in ensuring compliance, with responsibilities in record-keeping and regulatory processes.

Key responsibilities:

• Record-keeping compliance: Maintain traceability records for your products, including:
  • Supplier and buyer details.
  • Safety assessments and declarations of conformity.
  • Documentation for up to 10 years, as required by the GPSR.
• Regulatory support: Act as the point of contact for EU authorities and:
  • Address inquiries and requests from market surveillance bodies.
  • Assist with safety alerts and recalls.
  • Ensure timely responses to notifications, including unsafe product alerts.
• Labeling verification: Ensure their name and contact details appear on product labels, packaging, or accompanying documentation, as required.
• Risk assessment guidance: While risk analysis remains the manufacturer's responsibility, the EAR can advise on meeting EU standards.

Choosing an EU Authorized Representative:

• Logistics providers: Many freight and logistics companies include EU representation in their services.

• Compliance agencies: Specialized agencies with expertise in EU safety regulations.

• Independent consultants: Tailored services for specific product types or compliance needs.

Labeling requirements 

Ensure that products sold in the EU include the following:

• Manufacturer information: Full name and physical address of the manufacturer.

• Importer details: For non-EU products, include the name and contact details of both the importer and the EU Authorized Representative.

• Product identification: A unique identifier such as a model, batch, or serial number.

• Country of origin: Clearly indicate where the product was manufactured (e.g., “Made in China”).

• Conformity markings: Affix required markings, such as the CE mark, visibly and legibly.

Responding to unsafe product notifications 

Businesses and online marketplaces must act promptly if notified about unsafe products:

• Who issues notifications? Notifications are typically issued by EU market surveillance authorities or through the Safety Gate Rapid Alert System.

• Business responsibility: Businesses must collaborate with their EAR to address issues, such as removing products from sale, within two working days.

• Further guidance: Refer to the Safety Gate Rapid Alert System for more details.

Penalties for non-compliance

Businesses that fail to comply with GPSR may face:

• Fines: Amounts vary by Member States and may be based on annual turnover.

• Recalls or bans: Unsafe products may be removed from the market.

• Reputational damage: Non-compliance can erode customer trust.

Recap 

1. Review labels and documentation: Ensure products meet EU labeling standards and include all required conformity markings.

2. Appoint an EU Authorized Representative: Designate a trusted representative to manage compliance and record-keeping.

3. Conduct risk assessments: Verify that your products are safe for consumers.

4. Prepare for recalls: Work with your EAR to develop a clear process for managing product recalls.

5. Educate your team: Ensure your staff understands GPSR requirements and their role in maintaining compliance.

By understanding and implementing these requirements, you can confidently sell products in the EU while ensuring compliance with the GPSR.

Additional resources

• EUR-Lex GPSR: Regulation details.

• Safety Gate Rapid Alert System: Tool for tracking unsafe products.