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GPSR Summary: General Product Safety Regulation in the EU

Core Content

The General Product Safety Regulation (GPSR) (EU) 2023/988 is a new consumer safety legislation in the EU, replacing the General Product Safety Directive (GPSD) 2011/95/EC. It was adopted on April 25, 2023, and entered into force on June 12, 2023. The GPSR will become fully effective on December 13, 2024, with an 18-month transition period allowing businesses to align with its new requirements.

The GPSR aims to improve the functioning of the EU internal market and strengthen consumer protection. It applies to all consumer products sold in the EU, including those from foreign manufacturers and online marketplaces, and requires that products be safe for their intended and foreseeable use. It also expands protections for vulnerable consumers, improves product recall procedures, and grants greater authority to market surveillance authorities.

Key Changes from GPSD

• Online marketplaces and e-commerce are now explicitly included under the GPSR.
• Harmonization of product safety laws across the EU is achieved through the Regulation's direct applicability.
• Increased protection for children, older people, and individuals with disabilities.
• Cybersecurity features are now considered in product safety assessments.
• Environmental risks that affect consumer health and safety are included.
• Product lifespan is a key factor in safety assessments.

Scope of GPSR

The GPSR applies to all consumer products unless they fall under more specific regulations, such as:

• Medicinal products
• Food and feed
• Living plants and animals, GMOs, and microorganisms in contained use
• Animal by-products
• Plant protection products
• Transport equipment
• Antiques

It covers new, used, repaired, or reconditioned products sold to EU consumers, including those sold online.

Economic Operators and Responsibilities

Economic operators include:

• Manufacturers
• Importers
• Distributors
• Authorized representatives
• Fulfillment service providers
• Online marketplace providers

All must ensure product safety and cooperate with market surveillance authorities. They must:

• Have internal processes for product safety
• Provide clear labeling and product information
• Take immediate action in case of product safety accidents
• Cooperate with authorities to investigate and address safety issues

Compliance Obligations

• Product safety must be ensured through design and features, with safeguards such as warnings and instructions.
• Technical documentation must be created and maintained, including risk assessments and test reports.
• Labeling must include product type, batch/serial number, manufacturer details, and clear safety instructions in the official language(s) of the Member State.
• Recall procedures require direct notification of affected consumers and publication of recall notices in relevant languages.
• Remedies for consumers include repair, replacement, or refund, with at least two options typically available.
• Authorized representatives must be appointed by non-EU manufacturers to act as responsible persons for EU market compliance.

Online Marketplaces

Online marketplace providers have specific obligations under the GPSR, including:

• Ensuring effective communication with consumers and authorities
• Registering on the Safety Gate Portal
• Enforcing rules on traders to provide clear product information
• Cooperating with authorities to identify and investigate dangerous products
• Disseminating recall information promptly and widely

Market Surveillance and Enforcement

The GPSR provides a uniform framework for market surveillance across the EU. Authorities can request information about other products from the same manufacturer or production batch. The Safety Gate Rapid Alert System is used to share information about dangerous products between Member States. The European Commission may take EU-wide action, such as prohibiting or restricting the sale of unsafe products.

Safety Recalls

When a product is identified as dangerous, it may be recalled or withdrawn from the market. A recall involves retrieving products already sold, while a withdrawal prevents them from being available. Economic operators must:

• Notify consumers directly and promptly
• Publish recall notices in the languages of the Member States where the product is sold
• Provide a free remedy to affected consumers, such as repair, replacement, or refund
• Ensure transparency and accessibility of recall information

How QIMA Can Help

QIMA offers a range of services to help businesses ensure GPSR compliance, including:

• Product inspection at every stage of the manufacturing process
• Testing in accredited labs for mechanical, electrical, and chemical safety
• Technical documentation preparation and review
• Risk assessment with expert advice and actionable steps for mitigation
• Compliance support for all major product categories, including electrical & electronics, hardlines, softlines, toys, and juvenile products

QIMA assists in ensuring that products meet the GPSR's safety requirements and are ready for the EU market.

Summary of Key Dates

• April 25, 2023: GPSR adopted by the Council of the European Union
• May 23, 2023: Published in the Official Journal of the EU
• June 12, 2023: GPSR entered into force
• December 13, 2024: GPSR becomes fully effective

Conclusion

The GPSR introduces a more comprehensive and harmonized approach to product safety in the EU, with a focus on online sales, vulnerable consumers, and product lifecycle safety. It requires all economic operators, including foreign manufacturers and online marketplaces, to ensure that their products are safe and compliant. The regulation emphasizes cooperation with authorities, transparent communication, and timely action in case of safety issues. QIMA offers support in meeting these obligations through a range of compliance and safety services.