The General Product Safety Regulations (GPSR) replaces the existing General Product Safety Directive (2001) and the Food Imitating Product Directive (1987) with the aim of bringing regulations up-to-date with the substantial growth in digital commerce. The GPSR aims to regulate the safety of consumer goods, adding to the obligations for UK businesses selling non-food goods to EU consumers. Businesses selling into Northern Ireland are also impacted.
GPSR applies to products placed on, or made available to, the market which are new, used, repaired, or reconditioned. Handmade, craft products and artworks (not antique) are included. The regulations don’t apply to products intended to be repaired or reconditioned prior to being used, such as antiques or items of historical significance. Note, ‘product’ means any item intended for consumers or likely to be used by consumers, whether in return for payment or free of charge. The means that even if the products were made for free for a customer based in the EU or Northern Ireland, the regulations still apply. Exceptions include products such as food, living plants or plant protection.
The growth in digital commerce puts larger marketplaces are under ever increased pressure to monitor their third party sellers, which means that companies will need to ensure that they are following the new rules. If you’re selling on an online marketplace (such as Amazon or Etsy) and don’t comply, your product listings or store could be suspended, or you may be subject to a large fine.
No action needs to be taken for products that have already been placed on the market in the EU or Northern Ireland before 13 December 2024 – as long as those products are in compliance with the 2005 UK GPSR. This includes existing stock of product lines that are already on the market.
New GPSR rules
The new GPSR legislation includes:
- Ensuring products are safe for use as intended
- Displaying relevant safety information, labels and any required compliance marks (eg CE marking for toys) on all products listings
- Including safety information, contact details, product identification and instructions for use in all orders sent
- Contact details of the EU Authorised Representative, if applicable
- Keeping appropriate technical documentation for products for 10 years after being placed on the market
- Cooperating with market surveillance authorities, if needed
The full obligations concerning general safety compliance advice for manufacturers, importers and distributors and online market places can be found here.
Responsible Operators
One important update to note, is (Article 16 of the GPSR) the requirement for all those selling to the EU or Northern Ireland to assign a ‘responsible economic operator ‘ as their ‘Authorised Representative’ who will act as the point of contact for product compliance and safety issues. The responsible person can be the manufacturer, the authorised representative, the importer, the distributor, the fulfilment service provider, or any other natural or legal person established in the EU. This responsible person must have access to the technical documentation and, in some cases, will need to collaborate with local authorities in case of product recalls or safety concerns.
Norther Ireland based businesses are in unique position as under the Northern Ireland Protocol, Northern Ireland remains part of the EU’s single market for goods. That means that, businesses in Northern Ireland don’t require an Authorised Representative to sell goods to customers in the EU or Northern Ireland. As the manufacturer based within the EU/Northern Ireland framework, you are automatically considered the Responsible Person. Note, companies based in Northern Ireland will still be required to comply with GPSR rules.
UK businesses will need to review current arrangements in place and or make changes accordingly. For smaller businesses and/or sole traders such as craft businesses, artists, designers and makers the new legislation, especially the requirement to assign an authorised representative could prove problematic and expensive. They will need review the impact of GPSR on their ROI, which could inhibit their ability to trade in the EU.
Tina McKenzie, Policy Chair of the Federation of Small Businesses, said: “While the UK Government’s newly published guidance on the new EU rule is helpful, small firms are still faced with the complexity and associated costs around it. Governments from both sides should look at removing unnecessary trade barriers, not least those arising from the product safety rules, for small businesses in the UK-EU Trade and Cooperative Agreement review in 2026. In the meantime, there is a need to strengthen the UK Government export support. Reducing the turnover threshold for one-to-one bespoke support to £400,000 would empower more small firms and start-ups to consider international trade from day one.”
The NGO supporting traditional crafts, Heritage Crafts has announced that they are currently looking into possible collaborative strategies to help overcome the new GPSR burdens. They are speaking to partner organisations to join forces with the aim of lobbying for exemptions and/or simplified rules for small businesses and occasional sellers. “Simplified compliance pathways, such as self-certification for certain product categories, would help small craftspeople remain competitive,” explains the NGO.