This article is for informational purposes only and is not intended as legal advice. For more information on the Northern Ireland Protocol, refer to the European Commission web page.
What is the General Product Safety Regulation (GPSR)?
The General Product Safety Regulation (GPSR) will become effective on December 13, 2024, replacing the General Product Safety Directive and the EU directive on dangerous products resembling foodstuffs. This regulation will affect those selling non-food products to consumers in the EU. However, the GPSR will NOT apply in Great Britain (England, Scotland, and Wales), but it will apply in Northern Ireland under the Northern Ireland Protocol.
Who will be affected by the GPSR?
Most European sellers will be affected by this regulation. If you meet both of the following criteria, you must complete the compliance requirements of this regulation before December 13, 2024:
Selling goods in the EU and Northern Ireland
Selling non-food consumer goods
There are some exceptions, including:
Medicinal products for human or veterinary use
Food and drinks
Animal feed
Living plants and animals (including genetically modified organisms and genetically modified microorganisms in contained use, as well as products of plants and animals relating directly to their future reproduction)
Animal by-products and derived products
Plant protection products (e.g., pesticides)
Equipment on which consumers ride or travel when that equipment is directly operated by a service provider within the context of a transport service provided to consumers and not operated by the consumers themselves
Aircraft
Antiques
How to comply with the regulation?
To comply with the GPSR, you must ensure that your products, including packaging, and the offer and subsequent sale of those products, comply with existing labeling and traceability requirements. Additionally, you or your supplier must appoint an EU-based Responsible Person for your products.
The following individuals can become EU Responsible Persons:
Manufacturer (if registered in the EU)
Importers registered in the EU
Authorized representatives of companies registered in the EU, designated in writing by the manufacturer or brand
Delivery service providers registered in the EU responsible for delivering goods
You must label products with the contact information of the manufacturer and Responsible Person. Product identifiers, such as the Global Trade Item Number (GTIN) and European Article Number (EAN), provide a unique means for customers or users to identify the product.
Finally, you must display the Responsible Person’s and manufacturer’s name and contact details, including postal and electronic addresses, in online listings. You must also display a product picture and any other information to identify the product on the product detail page.
How should I appoint an EU-based Responsible Person?
If you are a brand owner, consider the following options:
If you have a subsidiary in the EU or an EU importer, you can designate them as the EU Responsible Person for the goods.
It is suggested that you should act as soon as possible because product packaging and labeling need to be checked and adjusted to comply with the regulations.
Del Sol CPA & Associates offers import representation services in partnership with experienced importers. If you have any questions concerning your products, don't hesitate to contact us.
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