New safety standards for products made available on the EU market will introduce significant changes for all key players in the supply chain.
The General Product Safety Regulations (GPSR) 2024 replaces the General Product Safety Directive (GPSD) 2001/95/EC) from 13 December 2024.
Whilst the GSPR is an EU law that will not apply directly to the UK, it will still have an impact on businesses that make products available on the EU market. In addition, the UK is planning to review its own product safety regime, and the GPSR is a helpful indicator of the requirements the UK may adopt.
The GPSR aims to ensure that products are safe when they are placed on the market and remain safe throughout their life cycle, and it places obligations on each key player of the supply chain.
Who will this effect?
The GPSR applies to anyone who manufacturers, imports, distributes or sells consumer products on the European market (together known as ‘Economic Operators’). It includes all products that are intended or likely to be used by consumers, whether new, used or repaired, but does not apply to pharmaceuticals, medical devices or food which fall under separate regimes.
Under the GPSR, a manufacturer is defined as someone who designs, manufactures, or substantially modifies a product in a way that impacts its safety, or has a product manufactured and markets that product under their name or trademark. An importer is someone who places a product from a third country onto the EU market.
The GPSR’s scope does not depend on the location of the importer or manufacturer, but whether the consumer product is made available on the EU market or targeted at consumers in the EU market. This has far reaching consequences for products offered through traditional sale, online, or other types of distance sales.
What steps need to be taken to be compliant by 13 December 2024?
Ensure any products placed on the market are safe
It is the responsibility of the manufacturer to ensure products comply with safety regulations. They are required to prepare and provide technical documentation for every product based on an internal risk analysis. The level of detail in this technical documentation will be proportionate to the complexity of the product. However, at a minimum, this should contain a general description of the product, essential characteristics relevant for assessing that product's safety, any technical standards the product has been tested against to ensure its safety and the other steps taken to eliminate or mitigate potential risks. Technical documentation must be kept up to date and retained for at least ten years after a product has been placed on the market.
Importers also have a responsibility to verify that the manufacturer has complied with safety regulations and that the product has the required documentation. For each product they place on the EU market, they are required to hold a copy of the Declaration of Conformity and ensure that the required technical documentation can be made available to regulators on request.
Inform consumers of any risks associated with products
Both the importer and manufacturer are required to ensure the labelling of a product includes a registered trade name or trademark, postal and electronic address and where different, the postal and email address of a contact point. This information should be placed on the product, or if not possible, in a document enclosed with the product. There are additional requirements for products offered in distance selling.
Importers should ensure that the product has clear instructions and safety information in a language that can be easily understood by consumers in the relevant market.
Ensure that any products placed on the market can be traced and removed to avoid any danger to consumers
Manufacturers need to ensure that they make a dedicated telephone number, email address or section of their website publicly available so that consumers can submit complaints and inform on accidents or safety issues with products. The manufacturer is required to investigate any complaints, keeping an internal register of complaints, product recalls and corrective measures. This register should be retained for a minimum of five years and in compliance with data protection obligations.
In the event that a manufacturer becomes aware or has reason to believe there is a safety issue with a product, they must take necessary corrective measures. They must also inform consumers directly or via a published recall notice, and immediately report this to the competent authorities of the EU Member State where the accident has occurred. In addition, they must keep all Economic Operators in the supply chain informed in a timely manner.
An importer has an obligation to check the manufacturer has complied with the investigation requirements and undertake their own investigation in the event of an accident. Importers that have knowledge of an accident, are required to inform the manufacturer of the accident immediately and, if so instructed by the manufacturer, report the accident instead of the manufacturer.
Actions
Economic Operators should take steps to review their supply chain contractual relationships to ensure that all parties are contractually required to comply with their respective obligations under the GPSR, in particular;
- Ensuring each product undergoes a risk assessment before it is placed on the market.
- Consumers are provided with information on how to use the product.
- Appropriate labelling of the product.
- Creating and maintaining technical documentation of the product.
- Economic Operators, including those outside of the EU, must appoint a person based within the EU who is responsible for matters including instructions and safety information as well as the technical information of the product.
The GPSR represents a significant change in consumer safety within the EU marketplace and it is important that businesses familiarise themselves with the requirements that are applicable and take proactive steps now ahead of the December deadline. By doing so they can ensure consumer safety and avoid potential penalties and the risk of reputational damage.
If your product is found to be unsafe, or causes harm to consumers, you risk fines and potentially criminal charges for severe breaches. Although penalties for non-compliance with the GPSR will be subject to national legislation, fines of up to 4 % of the Economic Operator annual worldwide turnover have been discussed during the legislative procedure.
For help and advice on this topic or related issues, please contact Nikki Petken by calling 01727 798081, or emailing nikki.petken@salaw.com.
