GPSR and how it will affect you

Starting December 13, 2024, the European Union's General Product Safety Regulation (GPSR) (EU) 2023/988 will come into effect, replacing the previous General Product Safety Directive. This regulation aims to enhance consumer protection by ensuring that non-food products sold within the EU and Northern Ireland are safe.

Key Implications for UK Businesses:

Scope of Products:

The GPSR applies to most non-food consumer products, including clothing, furniture, and home accessories. However, certain categories like food and medicinal products are excluded, as they are governed by other specific regulations.

Obligations for Economic Operators:

Manufacturers, Importers, and Distributors: Must ensure that products are safe and comply with the GPSR requirements. This includes conducting risk assessments and maintaining technical documentation.
Authorised Representative: Non-EU manufacturers are required to appoint an authorised representative within the EU or Northern Ireland to act as a contact point for market surveillance authorities.

If the third-party supplier manufactures goods exclusively for the clothing company, and the clothing company markets the products under its own brand name or trademark, the clothing company is deemed the manufacturer under EU regulations.

Labelling and Traceability:

Products must include clear information identifying the manufacturer and, if applicable, the authorised representative. This information should be present on the product, its packaging, or accompanying documentation.

Online Sales:

The GPSR extends to products sold online. Online marketplaces are required to verify that products comply with safety requirements and display necessary information, ensuring that consumers receive safe products regardless of the sales channel.

Impact on Trade with Northern Ireland:

Under the Windsor Framework, Northern Ireland continues to align with certain EU regulations to prevent a hard border with the Republic of Ireland. Therefore, goods sold in Northern Ireland must comply with the GPSR. UK businesses exporting to Northern Ireland should ensure their products meet these standards to facilitate smooth trade.

Action Steps for UK Businesses:

1. Assess Product Compliance: Review your product portfolio to determine which items fall under the GPSR and ensure they meet the required safety standards.
2. Appoint an Authorised Representative: If you don't have a presence in the EU or Northern Ireland, designate an authorised representative to liaise with authorities.
3. Update Labelling: Ensure all products have the necessary information regarding the manufacturer and authorised representative.
4. Review Online Sales Practices: If you sell products online, ensure your listings comply with the GPSR requirements, including displaying mandatory safety information.

By proactively addressing these requirements, UK businesses can continue to trade effectively with the EU and Northern Ireland, ensuring consumer safety and regulatory compliance.