The GPSR, which comes into force on 13 December 2024, represents a fundamental change in the way the European Union regulates the safety of consumer products. Officially known as Regulation (EU) 2023/988, this new regulation will replace the current General Product Safety Directive and the Food Imitating products Directive with a modernised and harmonised framework across the EU. Probably the most important provision of the GPSR, especially for those manufacturers not based in the EU, is the appointment of a “Responsible Person” within the EU. This is a mandatory requirement to ensure that companies outside the EU have a representative within the EU to ensure compliance with the new regulation. The “Responsible Person” will act as the official point of contact on product safety issues, maintain technical documentation, co-operate with market surveillance authorities and monitor the product after it has been placed on the market. For non-EU manufacturers, appointing a “Responsible Person” is not only a regulatory requirement, but also an important strategic one. Many online platforms, including major market places such as Amazon and eBay, already require GPSR compliance. Failure to comply could result in the removal of products from the market and possible fines, making this requirement critical to securing access to the lucrative EU market. In addition to the requirement for a responsible person, there are other important changes introduced by the GPSR.
Unlike its predecessor, the GPSR will have a direct legal effect in all EU Member States without the need for national transposition, meaning that product safety standards will be the same EU-wide. On the one hand, its scope will be extended to cover all consumer products placed on the EU market, whether new, used, repaired, refurbished or recycled.
GPSR introduces improved safety requirements, including a comprehensive risk assessment for products. Products must remain safe throughout their life cycle. Safety information and warnings must be clear and multilingual.
It develops as e-commerce grows; for instance, GPSR requires online marketplaces to monitor unsafe products and take action; the Digital Services Act includes accountability for sellers.
Market surveillance will be enhanced through spot checks and penalties in cases of non-compliance.
GPSR represents a paradigm shift in the regulatory demands on businesses. Companies are expected to ensure that their products fully comply with the GPSR. Member States shall establish penalties, which might include very significant fines for non-compliance.
This includes updating technical documentation, as well as observing safety standards by all the players in the supply chain.
The GPSR represents a revision of EU product safety legislation to take into account the changing nature of consumer markets and the increasing complexity of modern challenges linked to the digitalisation and globalisation of supply chains. The GPSR will help build a safer, more transparent marketplace for everyone, focusing on consumer safety but not restricting innovation.