New EU product safety laws now in place
December 13, 2024
The EU General Product Safety Regulation (GPSR) became law on 13 December 2024. The main purpose of the GPSR is to ensure that only safe products are sold within the EU. The regulation applies irrespective of whether the products are sold online or in stores, or their country of origin.
The Regulation applies to products placed on the market from 13 December 2024. Products placed on the market before that date can still be sold if they comply with pre-existing product safety laws.
What are the obligations for businesses?
The GPSR specifies obligations on different businesses in the supply chain including manufacturers, importers, authorised representatives, distributors and providers of online marketplaces. New tasks include accident reporting and complaint handling. If you are a business playing multiple roles in the supply chain, these roles are not mutually exclusive, all obligations must be met in respect of products being traded.
To ensure that only safe products are sold in the EU, manufacturers must carry out a risk assessment for each product and draw up technical documentation describing all potential risks of the product and how they have been eliminated or mitigated. The GPSR places obligations on importers to guarantee the compliance of manufacturers based outside the EU.
All products covered by the GPSR must have a responsible person in the EU whose name, registered trade name, or registered trademark, and contact details, including postal and electronic address, must be clearly indicated on the product, packaging, or an accompanying document. The responsible person has additional specific tasks related to cooperation and regular compliance checks.
If you are an online marketplace, you must have a single point of contact for direct communication with market surveillance authorities and consumers.
Does it apply to all products?
The GPSR applies to all consumer products placed or made available on the market where there are no specific safety provisions in other EU legislation. This includes, new, used repaired or reconditioned products and those that are sold online, where the offer of a product is targeted at consumers in the EU.
The GPSR does not apply to:
- Medicinal products for human or veterinary use
- Food and feed
- Living plants and animals, genetically modified organisms and microorganisms in contained use
- Animal-derived and animal by-products
- Plant protection products
- Transport equipment operated by a service provider
- Aircraft whose design, production, maintenance and operation pose a low safety risk
- Antiques
- Products clearly marked as repaired or reconditioned prior to use
You can read more about the GPSR. The EU Commission has frequently asked questions on the GPSR.
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