GPSR Causing Headaches for Consumer Goods Exporters
4 February 2025
On 13 December 2024, the new General Product Safety Regulation (GPSR) came into force, introducing modernised safety standards for consumer products sold in the European Union. The regulation applies to all products placed on the market from that date that are expected to be used by consumers, and which are not already covered by specific EU compliance legislation.
GPSR replaces the old General Product Safety Directive (GPSD) – consumer supply chains have changed significantly since that document was introduced in 2001, with people now buying goods from all over the world, often using online marketplaces such as Amazon, Alibaba and Etsy.
The new Regulation introduces obligations for online marketplaces, recognising the important role that they have in these supply chains. It also has a greater scope than GPSD, in that it now also encompasses used and repaired items. It applies directly to EU member states (and Northern Ireland), whereas GPSD was a directive that needed to be transposed into domestic laws.
One of the most challenging aspects of the GPSR for UK exporters is that it only allows products to be placed on the EU or NI markets if the exporter/producer has an economic operator established in the EU who agrees to ensure compliance with certain aspects of the GPSR and Market Surveillance Regulation. When a product bought online is delivered to the customer in the EU or NI, for instance, the product, packaging or accompanying must include the name and specific contact details of the operator – effectively an EU-based agent. This agent could be the importer, distributor, logistics provider, or even an online platform operator, but they must have agreed in writing to take on this role on behalf of the exporter/producer.
This raises the questions – how might a small exporter find and appoint a suitable in-market operator, to take on these responsibilities? In some instances, your existing import partner or distributor might be willing do this – but that’s not always an option. Some EU-based entities are advertising such services, but are charging a premium, understandably.
For instance, Brett Kirchner, director of online bookshop Inkstone Books, told The Bookseller: “As we don’t produce the books ourselves, the GPSR compliance requirements seem to be a publisher responsibility, but as a retailer hoping to sell books into the EU, we still need an EU responsible person. There are vendors that offer this service, for a number of prices ranging from quite reasonable to exorbitant.” Micro-businesses, such as crafters that sell on eBay and Etsy, are also likely to struggle with meeting GDPR requirements due to their small scale and inability to absorb extra costs.
GPSR includes requirements regarding, among other things: risk assessments, product recalls, the handling of complaints, waste disposal and dealing with accidents.
As businesses come to terms with all the new requirements, Chamber International is monitoring developments closely. With decades of international trade experience, we’re on hand to assist with all aspects of import and export, and provide training (such as our powerful Excellence Academy package) to bring your staff up to the highest level of professional competence.
Contact Chamber International for assistance today.
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