
GPSR explained – read on if you sell to NI and the EU. Everything you need to know about General Product Safety Regulations
If you are a UK based business selling non-food products to Northern Ireland and/or the European Union, you will be subject to GPSR from the 13thth December 2024. Failure to comply with these new regulations could result in losses. Read on to learn more about GPSR and what you need to do to stay in compliance with the law.
What is GPSR?
The General Product Safety Regulation (GPSR) is the European Union’s legal framework that ensures all consumer products sold are safe to use. The rules came into effect on the 13thth December 2024and applies to new, used and reconditioned products.
Since Brexit, Northern Ireland has had an open trade agreement with the EU and products sold to or from NI are also subject to GPSR. This means businesses based in England, Scotland and Wales and selling non-food products to the EU and/or NI will have to comply with the new regulations.
How does GPSR work?
GPSR replaces the EU General Product Safety Directive of 2001 and the Food Imitation Products Directive of 1987. Enforced by market supervision authorities, it aims to protect consumers and ensure accountability by updating regulations with respect to new technologies, e-commerce and global supply chains. GPSR applies to non-food consumer products and requires manufacturers, distributors, and online marketplaces to identify and mitigate risks, provide clear safety information, and promptly recall unsafe products. GPSR emphasizes transparency, including the use of digital tools such as QR codes for product traceability.
What you need to know:
- Businesses making sales to the EU and Northern Ireland must have EU-based point of contact regarding product safety (known as the ‘EU Responsible Person’)
- Products must be traceable (usually via batch number or serial number) in a manner that is visible and easily accessible to consumers
- Business people who sell via online platforms are obliged verify its compliance with GPSR requirements and ensure regulations are adhered to in their online listings
Are there any exceptions to GPSR?
The following products and categories are not included in GPSR:
- Medicinal product
- Food and feed products
- Live animals and plants
- Genetically modified organisms and microorganisms
- Animal by-products
- Plant protection products, also known as pesticides
- Plant and animal products related to their reproduction
- Antiques and some works of art
- Certain types of aircraft
- Travel equipment is operated by service providers to transport consumers
- Products that need to be repaired, reconditioned or recycled before use and are clearly marked
Are services also affected by GPSR?
As the name suggests, GPSR only affects physical products. The Services are not subject to these regulations.
How do I comply?
To comply with GPSR and continue selling non-food products to NI or the EU, you must:
- Provide the product manufacturer’s name and contact information for each product you sell to NI and/or the EU
- If the manufacturer is not located in the EU or NI, you must indicate the Responsible Person or entity based in the EU, along with their name and contact details. If your business does not have an EU-based office or distributor, you will need to hire an EU service agent to act on your behalf
- Product information, such as model number, image, type, and CE marking, must be clearly visible on each product
- Product safety and compliance information such as safety warnings, labels and product manuals in local languages should also be provided. You can include images (pictograms, symbols, or labels), statements (safety warnings or chemical hazard warnings), product manuals, or other documents that contain this information. Supported file formats are pdf, jpg and png
What are the sanctions for not complying with GPSR?
Penalties for non-compliance with GPSR can be severe, ranging from large fines to product recalls and legal action. The exact penalties depend on the severity of the violation and the risk posed to consumers. In extreme cases, businesses may be subject to fines of up to 4% of their annual worldwide turnover.
What is meant by a ‘Responsible Person’?
A ‘Responsible Person’ is someone who can answer consumer questions, complaints and product safety concerns. The Person in Charge must be a human and cannot be a chatbot, AI tool, or similar.
The Responsible Person can be one of the following persons and must be located in the EU or NI:
- Manufacturer
- Importer, if the manufacturer is not located in the EU or Northern Ireland
- Official representative of the manufacturer
- Fulfillment service providers if the manufacturer, importer and authorized representative are not based in the EU or NI
How will GPSR impact my business?
GPSR will impact UK businesses by requiring increased product safety measures for goods sold to the EU. You will also have to appoint an EU-based Responsible Person (RP) to ensure compliance, which will add to administration costs. You may also incur additional costs for up-to-date safety assessments, traceability systems and providing clearer labeling or digital tools such as QR codes. For UK businesses that have limited sales to the EU or NI, the additional costs of complying with GPSR may outweigh their profits from those sales.
What should I do if I sell on eBay or Amazon?
Online sellers should contact their platform provider for complete details on GPSR compliance.
How to Swoop supports international traders?
GPSR may add a burden to your international business, but working with the best partners can help you overcome these challenges. Trust Swoop to introduce you to the best trade financing and other types of business funding, plus a variety of insurance products to keep your business safe.