The upcoming GPSR will improve the EU’s existing market surveillance regulations and replace the General Product Safety Directive.
The new product safety regulations will have major implications for non-EU online sellers and online marketplaces like Amazon.
Here’s what you need to know about GPSR if you’re selling products manufactured outside the EU on European markets online.
Last Updated on September 11, 2024 by Zeljko Drazovic
The EU’s new product safety regulations affect producers and distributors of all non-food products, imposing stricter rules on sellers operating on the Union’s markets.
These changes allow for easier market surveillance and increase the safety of shoppers across the European Union.
According to a report published by Safety Gate, the EU’s system for rapid exchange of information on dangerous non-food products, the number of validated safety alerts was at an all-time high in 2023 since the system was established.
Moreover, 31% of the alerts on Safety Gate come from dangerous products that were sold online.
As a result, sellers on Amazon, eBay, and all other digital marketplaces will have to ensure their products are GPSR-compliant as EU lawmakers continue the push to make consumers safer.
In this article, we’ll cover the ins and outs of GPSR and examine what compliance with these regulations entails.
The General Product Safety Regulation (GPSR) has been in force since June 12, 2023, and they will fully replace the General Product Safety Directive (GPSD) on December 13, 2024.
In addition, it complements the toy safety directive to increase the safety of the most vulnerable consumers in the European market.
The block’s new market surveillance network builds upon the existing regulations and tightens the safety measures for online sales. Its purpose is to increase the protection of vulnerable consumers and improve the market surveillance of dangerous goods sold online and offline.
Consequently, sellers based inside and outside of the European Union will have to meet a new set of strict requirements when offering non-food products on digital marketplaces.
According to Article 22 of the General Product Safety Regulation :
‘Under the general safety requirement laid down in this Regulation, economic operators should be obliged to place only safe products on the market. Such a high level of safety should be primarily achieved through the design and the features of the product, taking into account the intended and foreseeable use and conditions of use of the product. The remaining risks, if any, should be alleviated by means of certain safeguards, such as warnings and instructions.’
Article 22 implies that Amazon sellers must revise and expand product listings to include:
Moreover, all products listed on Amazon, eBay, and other marketplaces or the manufacturer’s website must contain the following information:
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Although similar, the General Product Safety Regulation and the General Product Safety Directive (GPSD) have quite a few differences. We’ll outline the most important differences between these documents to help you understand how the new regulations affect ecommerce.
Most importantly, the General Product Safety Regulation is a set of regulations directly applicable to all EU member states and the European Economic Area (EEA). On the other hand, GPSD was only a directive that allowed each state to decide how to transpose it into national laws.
The General Product Safety Regulation presents a more unified product safety network than the General Product Safety Directive, although member states can still introduce legislation to enforce the regulations.
Unlike the GPSD, the GPSR explicitly states that its provisions apply to non-food products sold online or via other distance sales methods.
The new regulations also apply to second-hand, reconditioned, or repaired products, but antiques and items advertised as ‘repaired or reconditioned before use’ are excluded from the GPSR.
Another significant difference between the GPSD and GPSR is the risk assessment.
Under the new regulations, a manufacturer or a service provider cannot place products on EU and EEA markets before conducting an internal risk assessment and using the findings to create technical documentation showing that a product is safe to use.
Moreover, online marketplaces and manufacturers will be obligated to inform the customers and market surveillance authorities about safety warnings or product recalls.
GSPR keeps the definition of a safe product outlined in the GPSD:
‘A product is considered safe if, under normal or reasonable, foreseeable conditions of use, it does not present any risk or only the minimum risk compatible with the product’s use.’
Hence, safe products don’t put the physical, mental, or social well-being of consumers at risk. This definition considers several factors, such as the product’s packaging, traits, effects on other products, specific consumer groups, and product presentation.
GSPR also offers a new definition of risk, indicating that risk is:
‘a combination of the probability of an occurrence of a hazard causing harm and the degree of severity of that harm.’
The document takes cybersecurity and environmental risks into account and lists them among the parameters manufacturers must use when assessing product safety.
Consequently, video game, AI, software, and app developers, as well as manufacturers of all other products that can cause addictive behavior or expose consumers to substantial cybersecurity threats, may have to revise their safety guidelines to comply with the GPSR.
Once the GPSR completely replaces the GPSD, the road to the EU market will become more complex. Sellers on online marketplaces like Amazon or Facebook Marketplace must ensure that each of their consumer products meets the regulatory requirements.
Let’s examine what online sellers must do to continue offering products on EU markets after GPSR becomes applicable.
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All non-EU manufacturers, distributors, and sellers who are currently offering products in the EU must appoint an EU-responsible person (EURP) in order to resume their operations on EU markets.
The GPSR mandates that Amazon and other online marketplaces check if sellers have an EURP and gives them the right to suspend stores and product listings without an authorized representative in the EU.
An EURP serves as a brand’s contact in the EU and represents a business in all matters related to product safety. The authorized representative also communicates with the market surveillance bodies to ensure the brand’s full compliance with product safety regulations.
The EURP can review the manufacturer’s product documentation and work with the local authorities to resolve any risk associated with a product and ensure its placement on EU markets.
Consequently, Amazon sellers based outside of the EU must appoint an EURP before December 2024 to continue offering their products on the block’s markets. An economic operator established in one of the block’s countries can act as their business’s EUPR.
The GPSR introduces new labeling requirements for products sold in the EU. So, each product must contain a serial number, GTIN or EAN, type, batch, or other product identifiers.
If this information cannot be included on the product due to its nature or size, an identifier should be placed on the packaging.
All products must contain the manufacturer’s and EURP’s contact details, including the postal and electronic address. This information must be on the product, packaging, or parcel and written in one of the EU’s official languages.
Moreover, sellers must optimize listings in accordance with GPSR.
The product’s picture, product identification and tracing information, and the manufacturer’s and EURP’s contact information must be featured in product listings on Amazon and other online marketplaces in the language most consumers in a marketplace understand.
All product listings must contain information about a product’s potential safety and hazard risks. Sellers on Amazon or similar marketplaces must upload manuals, test reports, technical documents, or pictures to product listings that outline the risks associated with a product.
It’s important to remember that safety information must be in the language of the market in which sellers are offering a product or new technologies.
As a result, sellers must complete the product safety assessment prior to creating manuals and other technical documentation for EU online markets to ensure GPSR compliance.
GPSR doesn’t apply to all categories of products offered on online marketplaces. Sellers on Amazon won’t have to update their product listings if they offer consumer products from the following categories:
Other product categories, such as aircraft or equipment consumers can use to travel or ride but don’t operate themselves, are also excluded from GPSR. However, their exclusion from GPSR is of no significance to online sellers as these types of products are rarely sold online.
The ecommerce landscape in the EU will not be the same after the GPSD transition period expires and GPSR becomes fully applicable.
Amazon sellers must ensure their product listings are optimized in accordance with the new regulations and supply all the necessary documentation to show that their products are safe to use.
Appointing an EU Responsible Person is another crucial hurdle international sellers must overcome to continue offering their consumer products in the EU.
Navigating the transition to the new European product safety regulations can be challenging as sellers on online marketplaces might struggle to supply the Declaration of Conformity, update the technical documents to meet the GPSR requirements, or optimize their listings.
Still, GPSR adds a layer of protection for risks and products not regulated by other EU legislation. In doing so, it tightens the safety of consumers and vouches for the quality of products available to shoppers in Europe.
Contact us and schedule a free consultation to learn more about how Webinterpret’s solutions can help you expand your business to the European market and provide insight into product compliance.
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