GPSR: new rules for product safety

What has changed?

Do you sell non-food consumer products in the EU and Northern Ireland? You must comply with new product safety rules under the General Product Safety Regulation (GPSR). The GPSR protects EU consumers from unsafe products. You already had to make sure your products are safe. With the entry into force of the GPSR a number of important changes has taken effect, among other things:

• Product traceability requirements

  To make it easier to trace and recall unsafe products, you must meet the requirements:

  • Contact details of the legally responsible party must be put on the product or its packaging. If the manufacturer is located in the EU, the contact details of the manufacturer must be on the product. If the manufacturer is established outside the EU, then the contact details of the importer or of the authorised representative (AR) must be on the product or its packaging.
  • The manufacturer must ensure that products bear a visible and legible type number, batch number, serial number, or other means of identification. Consumers must be able to clearly understand this information.
• Clear instructions and safety information

  You have to provide clear instructions and safety information with your products, so all consumers understand how to use the product safely.

• Representative in the EU

  Are you established outside the EU and do you offer products on the EU market? All manufacturers of non-food consumer products must have representation in the EU. The manufacturer can appoint a representative in the EU to comply. This is called the authorised representative (AR). The AR is the point of contact in the EU and must ensure your products meet the requirements of the GPSR.

• Better recall actions and coordination

  The GPSR also improves practices for recalls and coordination between different parties:

  • Requirements for technical documentation are clearer, and will contribute to faster and more efficient recalls.
  • In case of a recall you must reimburse your customer in full or offer a replacement product. If the product can be repaired the manufacturer must do so free of charge.
  • Better coordination between businesses and government allows unsafe products to be taken off the market faster.
• Mandatory quality system for manufacturer, importer, distributor

  Are you a manufacturer, importer, or distributor? You must use a quality system to guarantee the safety of the products you sell. This means that you have to record moments in the production process when you monitor the quality and safety of your product. For example, you check the applicable legislation, you determine set moments for spot checks, and you deal with complaints regularly. By doing the latter, you can recall unsafe products when necessary.

  You can hire a consultant to help you implement a quality system.

• More tasks for providers of online platforms

  Online platforms play an important role in selling products. As a result, the GPSR imposes extra requirements on these providers, such as:

  • Online platforms must designate a central contact point for communication with national product safety authorities.
  • Online platforms must register with the EU Safety Gate Portal and clearly indicate their central point of contact.
  • Online platforms must have internal product safety procedures in place to comply with the GPSR.

For whom?

• manufacturers
• importers
• distributors
• fulfilment centres
• authorised representatives
• online platforms

of non-food consumer products

When?

The General Product Safety Regulation (GPSR) is implemented by amending the Commodities Act. This amendment has taken effect on 13 December 2024.