GENERAL PRODUCT SAFETY REGULATION (GPSR): A PRACTICAL OVERVIEW OF NEW OBLIGATIONS FOR ENTREPRENEURS

The EU’s General Product Safety Regulation (GPSR) should not be overlooked by any entrepreneur involved in manufacturing or distributing goods. This new consumer protection regulation’s purpose is to ensure that only safe products are placed on the European market. 

In today’s article, we provide a summary of the key aspects of the GPSR. 

Who Will Be Affected by GPSR? 

The regulation imposes new obligations on manufacturers, importers bringing goods into the EU from third countries, distributors, and operators of online marketplaces. 

The regulation does not apply universally to all products. Exclusions include: 

• medicines 

• food 

• animal feed 

• plants and animals 

• plant protection products 

• antiques 

• products whose safety conditions are regulated by specific legislation. 

From now on, only products with an appointed EU-based responsible entity ensuring compliance with product safety requirements can be placed on the European market. 

Obligations of Manufacturers 

The primary obligation for manufacturers is to supply safe products on the market. Manufactures must design and manufacture products in accordance with safety principles outlined in the GPSR. Among other things, before placing a product on the market, they must carry out an internal analysis and prepare technical documentation containing at least a general description of the product and its main characteristics for the purposes of assessing its safety. Manufacturers must retain this documentation for at least 10 years from the date the product is placed on the market. 

Manufacturers must also include on their products: 

1. the type, batch, serial number, or another element enabling the product to be identified,
2. their name, registered trade name, or registered trademark,
3. their postal and electronic address and, if different from the above, the postal and electronic address(es) at which the manufacturer can be contacted.

If these details cannot be placed on the product, they can be provided on its packaging or accompanying documentation. 

Where this is necessary given the nature of the product, manufacturers must enclose clear instructions and safety information in a language that consumers can understand in the country where the product is sold.

Additionally, manufacturers are also required to publish contact contact details, or a dedicated section of their website, for submitting consumer complaints and reporting product safety issues encountered by consumers. If a complaint is received, manufacturers are of course obliged to investigate it. Manufacturers must keep records of complaints and reports of safety issues. 

If a manufacturer identifies or believes that a product they have already placed on the market is unsafe, they must: 

1. take measures to bring the product into compliance with safety principles, including ensuring that the product is withdrawn from the market and circulation,

2. inform consumers about the unsafe nature of the product,

3. inform the market surveillance authorities about the unsafe product via the Safety Business Gateway portal.

It is important to note that, under the GPSR, a “manufacturer” is not only the person who physically produces the product, but also anyone who has it designed or manufactured—so if you have goods produced by a third party and then sell them under your own name, the obligations described above also apply to you. A manufacturer is also considered to be anyone who makes a substantial modification to a product.

Obligations of Importers – entities established in the EU importing products from third countries

Like manufacturers, importers must ensure that only safe products are placed on the EU market. They must not introduce products that they know or suspect to be unsafe. 

Importers are required to indicate on the product, its packaging, or, where appropriate, in a document accompanying the product:

1. their name, trade name, or registered trademark; 
2. their postal and electronic address and, if different from the above, the postal and electronic address(es) at which the importer can be contacted.

Importers must also ensure that clear instructions and safety information are enclosed with the products in a language that consumers can understand in the country where the product is sold.

At the same time, importers must ensure that transport and storage conditions are such that product safety is not compromised.

Importers are also required to keep a copy of the product’s technical documentation provided by the manufacturer for 10 years after the product is placed on the market.

Importers have a duty to verify that consumers have access to the manufacturer’s communication channels for submitting complaints and reporting safety incidents they have encountered. If the manufacturer does not provide these communication channels, the importer is obliged to ensure them. Distributors investigate complaints and notifications of safety issues and keep records of such complaints and reports.

Importers are also required to ensure that manufacturers of the products comply with certain obligations imposed on them by the GPSR.

If an importer becomes aware, or has other reason to believe, that a product they have already placed on the market is unsafe, then they must:

1. inform the manufacturer of this fact,

2. take measures to bring the product into compliance with safety principles, including ensuring that the product is withdrawn from the market and circulation, if such measures have not already been taken,

3. inform consumers about the unsafe nature of the product,

4. inform the market surveillance authorities about the unsafe product via the Safety Business Gateway portal.

Obligations of Distributors – entities that supply products for further distribution, consumption, or use within the EU

Distributors must not supply products they know, or have a reason to believe, to be unsafe.

Like importers, distributors are required, for the period during which they are responsible for the product, to ensure storage and transport conditions that safeguard the product’s safety.

If a distributor becomes aware, or has other reason to believe, that a product they have already placed on the market is unsafe, they are obliged to:

1. inform the manufacturer, or in certain cases the importer, of this fact,

2. take measures to bring the product into compliance with safety principles, including ensuring that the product is withdrawn from the market and circulation, if such measures have not already been taken,

3. inform consumers about the unsafe nature of the product,

4. inform the market surveillance authorities about the unsafe product via the Safety Business Gateway portal.

Distributors are also required to ensure that manufacturers and importers have complied with selected obligations under the GPSR.

Special Obligations for Distance Selling (typically via online stores) 

Where products are sold at a distance, businesses are required to include the following information in the offer:

1. the manufacturer’s name, registered trade name, or registered trademark,

2. the postal and electronic address at which the manufacturer can be contacted,

3. if the manufacturer is not established in the EU, the postal and electronic address of the person responsible for fulfilling product-safety obligations,

4. information identifying the product, including an image and the type, or other identifiers as applicable,

5. where relevant, warning or safety information that must accompany the product, in a language that consumers can understand in the market where the product is being placed on the market.

Obligations of Online Marketplace Operators 

Providers of online marketplaces must establish a single point of contact through which consumers can communicate with the provider directly and quickly regarding product safety. Providers must also designate a single point of contact for electronic communication with market surveillance authorities.

Online marketplace providers are required to register in the Safety Gate portal and provide the contact details of their single point of contact.

Providers must also implement internal procedures enabling them to comply with their obligations under the GPSR. They are required to take into account information on unsafe products published via Safety Gate and communicated by local market surveillance authorities.

Online marketplace providers are further required to adapt the technical design of the online marketplace so that sellers can provide, for each product, at least:

1. the manufacturer’s name, registered trade name, or registered trademark,

2. the manufacturer’s postal and electronic address at which the manufacturer can be contacted,

3. if the manufacturer is not established in the EU, the postal and electronic address of the person responsible for fulfilling product-safety obligations,

4. information identifying the product, including an image and the type, or other identifiers as applicable,

5. where relevant, warning or safety information that must accompany the product, in a language that consumers can understand in the market where the product is being placed on the market.

If a seller offers unsafe products frequently on an online marketplace, the provider is obliged — after prior warning — to suspend the sale of products from that seller.

Providers are also required to ensure that consumers are provided with appropriate and timely information about:

1. the withdrawal/recall of a unsafe product from circulation,

2. information on the safe use of products.

Providers are further required to:

1. inform sellers about a decision to withdraw a unsafe product that is offered on the online marketplace,

2. cooperate with market surveillance authorities in withdrawing products from circulation,

3. inform market surveillance authorities via the Safety Business Gateway portal about unsafe products that have been offered on the online marketplace,

4. inform sellers about accidents and product safety issues related to products the sellers offer on the online marketplace,

5. report any accident they become aware of that resulted in serious risk to, or harm to, a consumer’s health, or otherwise endangered a consumer’s safety through a product offered on the online marketplace,

6. inform public authorities, including the European Anti-Fraud Office (OLAF), about product listings that they excluded from sale on the online marketplace on the basis of the GPSR.

What About the Czech Republic? 

In the Czech Republic, the GPSR is be implemented through the Act on General Product Safety. The Act designates various market surveillance authorities across individual business sectors and also sets out penalties for breaches of obligations, which may be imposed up to CZK 50,000,000.

Conclusion 

GPSR requirements may appear complex and demanding at first glance. However, there is no need to worry about the new regulation — at MACEK.LEGAL, we are ready to help. Leave the complexities of legislation to us and focus on your business. Together, we will ensure that you comply properly with all new obligations and do not have to fear an inspection by the authorities. Contact us and you will receive expert support you can rely on.

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