New EU General Product Safety Regulations have come into play today, governing the safety of non-food consumer products. But what do the regulations mean, for UK businesses? Beyond Corporate’s Georgia Hargreaves looks at the need for an an EU representative and the obligations in place to ensure compliance.
The EU General Product Safety Regulations governs the safety of non-food consumer products or products that are likely to be used by consumers. The EU GPSR will apply from today(!) ( 13th of December 2024) and will place greater emphasis on labelling requirements and risk assessment and reporting obligations. If your products were already on the market before these regulations, don’t worry—they can stay there!
Products covered by the GPSR will only be able to be placed on the EU market where there is an economic operator (like an importer or distributor) established in the EU that takes responsibility for certain product-safety related tasks.
Specific obligations to ensure compliance:
- Appoint an EU representative: suppliers must designate an EU-based representative to act as a contact point for market surveillance authorities.
- Product safety: the GPSR provides some new factors for safety including products cybersecurity feature, any evolving, learning or predictive functions, environmental risks and mental health risks
- Risk analysis and technical documentation: Before placing their products on the market, manufacturers are required to undertake a risk analysis internally and draw up product technical documentation. The technical documentation must be kept up-to-date and retained for 10 years and should contain an analysis of risks and the measures adopted to either eliminate or mitigate those risks.
- Product listings: When supplying into the EU information must be included on listings such as details of the responsible operator in the EU, product identities including a picture of the product. Any warning or safety information must be detailed on the product packaging.
- Traceability: Supplier must ensure that products are traceable, including labelling with the manufacturer’s and representatives’ details, type, batch or serial number. The instructions and safety info should be given in the relevant language.
- Recall strategies: the GPSR is introducing a new requirement for product recall and corrective measures inducing direct communication with all affected customers, standardised recall notice format, a provision of at least two remedial options, and the need to avoid using terms such as ‘voluntary’, ‘precautionary’, ‘discretionary’, ‘in rare situations’ etc.
- Use the EU safety notification system: the EU safety gate portal will become the mandatory channel for reporting product recalls and accidents.
Need for an EU representative
Under the EU GPSR, UK suppliers who wish to sell products in the EU typically need to appoint an EU representative. This representative acts as a point of contact for market surveillance authorities and ensures compliance with EU safety standards. The representatives’ details must be included on the product labelling or accompanying documentation in an aim to help facilitate communication and compliance within the EU market.
If you require any advice whether your products are compliant or more generally on the new EU GPSR rules, please contact our commercial team at [email protected]
