GPSR focus: what changes now to sell in the EU?

With the aim to ensure a higher product safety, the new General Product Safety Regulation  (EU) 2023/988 (GPSR) has introduced important changes to the marketing of non-food products in the European Union. The GPSR replaces the General Product Safety Directive (GPSD) and the the Food Imitating Product Directive. Compared to the GPSD, fully replaced on 13 December 2024, manufacturers need to prepare for new requirements. Some of the most important news include the definition of “manufacturer”, introduction of a Responsible Person, clear requirements for distance sales, and a mandatory QMS.

Definition of manufacturer under the GPSR

Most importantly, it is crucial to define to whom the manufacturer’s obligations apply to. The new Regulation provides a clear definition for this. The GPSR defines the manufacturer as any natural or legal person who manufacturers products or has them designed or manufactured and markets them under their name or trademark. In this sense, the Directive referred to “producer”. Consequently, companies placing products on the EU market under their own name or trademark are subject to the manufacturers’ obligations described in Article 9.

Responsible Person under the GPSR

All products sold in the EU, whether coming from the EU or not, must have an EU-based Responsible Person. The Responsible Person is an economic operator, e.g. the manufacturer (company selling the products under its name), the importer, or the authorised representative. When based in the EU, the manufacturer is by default the Responsible Person. When based outside of the EU, the importer acts as Responsible Person of the products they import in EU. However, manufacturers can appoint an authorised representative to act as the Responsible Person for their products instead.

Interestingly, in case of distance sales, fulfilment service provider acts as Responsible Person if there is no authorised representative appointed as such, and if there is no importer. The GPSR defines “fulfilment service provider” as any natural or legal person offering, during commercial activity, at least two of the following services: warehousing, packaging, addressing and dispatching, without having ownership of the products involved. This excludes postal services and freight transport services.

Provisions for distance sales of non-food products

Contrary to the GPSD, the GPSR addresses the specificities of distance sales. The GPSR includes clear provisions for distance sales, which specify what information a product offer has to display. Among others, an online offer has to show:

  • Manufacturer’s name, registered trade name, or registered trademark
  • For non-EU manufacturers, Responsible Peron’s name, postal, and electronic address
  • Product identification details
  • Warnings or safety information

Online sales are subject to a wider set of obligations, especially when it comes to providers of online marketplaces whose obligations are set in Article 22 of the GPSR. Some examples of marketplaces’ providers are Amazon, Facebook Marketplace, Ebay, and similar.

QMS mandatory for general products’ company

Manufacturers selling general products in the EU must have a Quality Management System (QMS) in place. Essentially, they must have internal processes to ensure product safety. This entails having an internal register of complaints, a system for corrective actions and product recalls, and an internal register to store necessary personal data for complaints’ investigations. Additionally, manufacturers need to have procedures to ensure that products remain in conformity with the applicable GPSR requirements.

These are only some of the GPSR requirements applicable in the EU from 13 December 2024. Do you have questions on GPSR compliant? Contact us here or write your questions to the PRODlaw team at prodlaw@obelis.net.

References:

EUR-Lex (2024). Regulation (EU) 2023/988 of the European Parliament and of the Council of 10 May 2023 on general product safety, amending Regulation (EU) No 1025/2012 of the European Parliament and of the Council and Directive (EU) 2020/1828 of the European Parliament and the Council, and repealing Directive 2001/95/EC of the European Parliament and of the Council and Council Directive 87/357/EEC. Retrieved on 14/10/2024.

EUR-Lex (2024). Directive 2001/95/EC of the European Parliament and of the Council of 3 December 2001 on general product safety. Retrieved on 14/10/2024.

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