The new Product Safety Regulation (GPSR): What you need to know

We would like to draw your attention to the forthcoming new product safety regulation (GPSR - General Product Safety Regulation). This will come into force on December 13, 2024 and will bring with it some significant changes and extensions to the previous regulations on product safety. The aim of the new product safety regulation is to strengthen consumer protection and ensure the safety of products on the European single market.

Who does the new product safety regulation apply to?

The GPSR sets out obligations for various economic operators in accordance with Art. 3 No. 13 GPSR, including

• Manufacturer: Persons or companies that manufacture or design products and market them under their own name or trademark .
• Authorized representatives: Persons or companies based within the EU who have been commissioned by the manufacturer to perform certain tasks.
• Importer: Persons or companies that import products from third countries into the EU.
• Distributors: persons or companies who make products available on the market, excluding manufacturers and importers.
• Fulfilment service providers: persons or companies that offer at least two services such as warehousing, packaging, addressing and shipping.
• Other persons or companies that assume obligations in connection with the manufacture or provision of products on the market.

Which products are affected by the new product safety regulation?

The GPSR applies to all so-called "consumer products" that are placed or made available on the market in the EU.

• According to Art. 3 No. 1 GPSR, a "consumer product is any item which is supplied or made available, whether separately or in combination with other items, whether in return for payment or free of charge, including in the context of the provision of a service, and which is intended for consumers or is likely to be used by consumers under reasonably foreseeable conditions, even if it is not intended for consumers.
• The GPSR therefore does not apply to products that are not intended for consumers and are unlikely to be used by consumers under reasonably foreseeable conditions.
• Example: Consumer products are not, for example, larger production machines that are sold B2B to other companies that use them to manufacture their own products, e.g. an industrial oven.

Overview of the EU GPSR

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Exceptions to the GPSR

According to Art. 2 para. 2, the GPSR expressly does not apply to the following products:

• Human and veterinary medicinal products
• Food
• Animal feed
• Live plants and animals, genetically modified organisms and genetically modified micro-organisms in contained systems, and products of plants and animals directly related to their future reproduction
• Animal by-products and derived products
• Plant protection products
• means of transport by which consumers move or travel and which are directly operated by service providers in the context of a transportation service provided to consumers and are not operated by the consumers themselves
• Aircraft (airplanes etc.)
• antiques (e.g. collector's items or works of art that consumers cannot reasonably expect to meet the latest safety standards)

New and used products

The GPSR applies to both:

• new products as well as for
• used Products,
  • if they are not damaged, i.e. functional,
  • even if they have previously been repaired or reconditioned

However, the GPSR does not apply to damaged products if they are expressly offered as such, i.e. if they are labeled accordingly.

New obligations for retailers under Art. 12 GPSR

Retailers must ensure that manufacturers and importers fulfill their legal obligations. This includes the following obligations in particular:

• Obligation to inspect

The dealer must ensure that both the manufacturer and, where applicable, the importer have fulfilled their respective legal obligations. This includes, in particular, checking the declarations of conformity and other relevant documents.

• Ensuring product safety

The dealer is responsible for ensuring that the product complies with the general safety requirements and the specific safety regulations of the GPSR during storage and transportation. This includes appropriate measures for the safe storage and handling of the product while it is in the care of the dealer.

• Sales ban

The dealer may not sell any products that do not comply with the safety requirements of the GPSR based on available information. Sales may only be resumed once the conformity of the product with the safety requirements has been demonstrably restored.

• Duty to inform and report

The retailer is obliged to inform the manufacturer or importer immediately of any safety-relevant information and to ensure that the necessary corrective measures are taken to restore product safety. This also includes the withdrawal of the product from the market and, if necessary, a recall. Furthermore, the distributor must immediately inform the competent market surveillance authorities if he becomes aware of a dangerous product or a product that does not meet essential safety requirements of the GPSR.

Information obligations of traders in distance selling, Art. 19 GPSR

In distance selling, including online stores, marketplace stores and email sales, traders are obliged under Art. 19 GPSR to provide certain information when offering products. These include:

• Name, trademark, address and electronic address of the manufacturer

Each product offer must contain the name, the registered trade name or the registered trade mark of the manufacturer of the product offered as well as the postal address and an electronic address (e-mail address or URL of a website) of the manufacturer at which the manufacturer can be contacted.

• Name, address and electronic address of the responsible person if the manufacturer does not have an EU establishment

If the manufacturer of a product offered does not have an establishment in the European Union (EU), retailers must also provide the name, postal address and an electronic address (e-mail address or website URL) of the so-called responsible person in accordance with the GPSR or Regulation (EU) 2019/1020 on market surveillance and product conformity.

• Pictures of the product and information on the product type

Product offers must contain information that enables the product to be identified. This explicitly includes:

• • Images of the product (product images),
  • the type of product and
  • other product identifiers.

• Warnings and safety information

Retailers are obliged to include any warnings or safety information in their product offers that are required under the GPSR or other EU regulations. These warnings and information must be in a language that is easily understood by consumers. The language is determined by the EU Member State in which the product is made available on the market. If the product is made available in several or all EU Member States, the warnings and safety information must be provided in all the official languages concerned. The warnings and safety information must also be affixed to the product or the product packaging or included in an accompanying document.

Special features for DIY retailers on online platforms (e.g. Amazon, eBay, Etsy, etc.)

Online retailers based in the EU who only offer products they have manufactured themselves for sale in their online store or on platform stores can implement the obligations in a simplified manner.nullThese retailers are only obliged to include information about their own company in their online product offers. This means that they do not have to research various manufacturer details and include them in their product offers. There is also no obligation to check whether there is a responsible person for their products, whose details would also have to be included in the product offers.nullRather, DIY retailers who only sell products they have manufactured themselves can always publish the same mandatory GPSR information in every single online product listing.nullHowever, one exception applies here: if warnings or safety information must be provided for individual products, this information must only be published in the relevant product offers.

When does the GPSR apply?

The GPSR regulations apply from December 13, 2024.nullThis means that from this date at the latest, all relevant products sold must be provided with the corresponding information.nullAffected companies, especially retailers, should familiarize themselves with the requirements at an early stage and take appropriate measures. This will not only ensure compliance with the GPSR, but also strengthen consumer confidence in the safety of your products.

Frequently asked questions about the new Product Safety Regulation (GPSR)

When does the new Product Safety Regulation (GPSR) come into force?

The new Product Safety Regulation (GPSR) comes into force on December 13, 2024. From this date, all affected products must comply with the requirements of the GPSR.

To which products does the GPSR apply?

The GPSR applies to all "consumer products" that are placed or made available on the market in the EU. This includes products that are intended for consumers or could be used by consumers under reasonably foreseeable conditions.

What new obligations do retailers have under the GPSR?

Retailers must ensure that manufacturers and importers fulfill their legal obligations. These include inspection obligations, ensuring product safety, a ban on the sale of non-compliant products as well as information and reporting obligations.

What information must retailers provide in distance selling?

In distance selling, retailers must already state the name, trademark, address and electronic address of the manufacturer in the product offer. In addition, product images, information on the product type and the necessary warnings and safety information must be provided.

Do special regulations apply to DIY retailers on online platforms?

Yes, DIY retailers based in the EU who only sell products they have manufactured themselves can implement the GPSR obligations in a simplified manner. They only need to include information about their own company in their online product offers, with the exception of product-specific warnings or safety information.