GPSR: warning to businesses as new restrictions to come into force next week
UK exporters are being urged to make final preparations for a major law change that will place restrictions on consumer products sold in the EU when it comes into force next week.
Nuneaton-based trade consultancy Hooper & Co has warned businesses who provide consumer products within the internal market to prepare for the EU's General Product Safety Regulation (GPSR), which takes effect from December 13.
David Hooper, Managing Director of Hooper & Co, says most exporters will need to take urgent action to review their EU sales channels, especially if selling online, and identify an EU-based responsible person, which will be required for products from non-EU manufacturers.
The regulation, designed to protect consumers from unsafe products and provide fairer trading conditions for businesses, replaces existing product directives which guarantee the safety of consumer goods sold both offline and online.
He also advised exporters to prepare to update agreements, especially for B2B sales where the customer might act as the responsible person, and review online selling processes and platform requirements.
GPSR covers new, used, repaired, or reconditioned consumer products, including products offered for free or against payment, and states that every product from a non-EU manufacturer must have an EU-based responsible person responsible for product compliance and acting as a point of contact for EU authorities.
It will also apply to some aspects of products that already have specific EU safety rules, with online retailers and marketplaces facing additional responsibilities to prove compliance.
David said: "With more and more goods sold online, GPSR has been introduced to add a level of transparency in aid of product safety. It’s imperative exporters are well prepared for the change to avoid breaches that can lead to investigations and penalties.
"There is a particular focus on online sellers, including for direct-to-consumer online sellers, and some platforms may require new documentation or certifications.
"Exporters also need to be across the new mandatory requirement to have an EU-based responsible person, which could be the importer, a subsidiary, fulfilment centre or distributor. This must be discussed and agreed first.
"This might be more difficult for Delivered Duty Paid (DDP) shipments, especially if there is no recognised importer, and means careful consideration is needed.
"It's also worth noting that while still important, CE marking alone does not satisfy GPSR requirements."
GPSR does not apply to medicinal products for human or veterinary use, food and feed, living plants and animals, genetically modified organisms and microorganisms in contained use, animal-derived by-products and plant protection products.
Nor does it cover equipment on which consumers ride or travel which is operated by a service provider, aircraft referred to in Article 2(3), point (d) of Regulation (EU) 2018/1139, antiques and products to be repaired or reconditioned prior to being used where those products are placed or made available on the market and are clearly marked as such.
For support on how to prepare for GPSR, contact David Hooper at david@hooperandco.com.
