Table of Contents:
- Which Products Are Covered by the GPSR Regulation?
- What Are the Responsibilities of Producers, Importers, and Distributors Under the GPSR Regulation?
- What Steps Should Be Taken in Connection With the Implementation of the GPSR Regulation?
On December 13, 2024, the Regulation (EU) 2023/988 of the European Parliament and of the Council of May 10, 2023, on general product safety (hereinafter referred to as the GPSR Regulation) came into force. The aim of the new regulation is to adapt existing rules to new technologies and the growth of the e-commerce sector. The legislator intended to introduce mechanisms that enable the easier identification of unsafe products on the market and effective follow-up actions.
Which Products Are Covered by the GPSR Regulation?
EU regulations regarding product requirements are divided into two areas:
- Harmonized Area – Covers specific products for which directives and regulations impose particular requirements. Examples include toys, cosmetics, and electronic equipment.
- Non-Harmonized Area – Applies to products for which no EU-wide requirements exist.
The general product safety requirements under the GPSR Regulation apply to the non-harmonized area, meaning cases where there are no specific safety regulations for a given product.
The discussed regulations apply both to products manufactured within the European Union and those imported from third countries.
To summarize, if there are no harmonized EU regulations, including national technical laws, in place for a product in the European Union or its member states, the product must comply with the general safety requirements under the GPSR Regulation to be placed on the market.
The GPSR Regulation covers products offered to consumers in the EU member states, including both offline and online sales. It applies to new, used, repaired, and refurbished products. However, the regulation does not apply to products undergoing repair or refurbishment.
Products Excluded From the Scope of the GPSR Regulation:
- Medicinal products for human use or veterinary medicinal products
- Food and feed (e.g., human food, animal feed)
- Live plants and animals, genetically modified organisms (GMOs), and genetically modified microorganisms used in confined conditions
- Animal by-products and derived products (e.g., animal waste, meat products)
- Plant protection products (e.g., pesticides, fungicides, herbicides used in agriculture)
- Equipment used for transport or travel when directly operated by a service provider (e.g., airplanes, ships, buses, trains)
- Aircraft with low safety risk (e.g., small private planes, light drones)
- Antiques
Responsibilities of Producers, Importers, and Distributors Under the GPSR Regulation:
Responsibilities of Producers and Importers:
- Place only safe products on the market.
- Provide consumers with essential information about the product, including manufacturer details, contact information, product information, and user instructions – all written clearly and in a language understandable in the member state where the product is marketed.
- If the producer or importer determines that the product is unsafe, they must take actions to withdraw it from the market or recall it from consumers. Additionally, they must notify both consumers and supervisory authorities in the member state where the product is available via the Safety Business Gateway portal.
- If the producer is located in a third country, they must designate a person or entity within the EU responsible for ensuring the product’s compliance with regulations.
Responsibilities of Distributors:
- Verify that producers or importers have met the safety requirements imposed by the GPSR Regulation. If these requirements are not met, distributors cannot market such products.
- Monitor the safety of the products they offer on the market.
- If a distributor determines that a product they offer is unsafe, they must:
- Notify the producer or importer.
- Take necessary corrective measures to ensure the product’s safety or remove it from circulation.
- Notify the supervisory authorities in the member states where the product was marketed via the Safety Business Gateway portal.
What Steps Should Be Taken in Connection With the Implementation of the GPSR Regulation?
Given the newly enforced regulation, businesses are encouraged to verify whether the products they manufacture, import, or distribute fall under the GPSR Regulation and, if so, to identify the responsibilities associated with their products.
The next part of this document will focus on the obligations imposed by the GPSR Regulation on online sellers and e-commerce platform providers.
