What is the scope of the EU GPSR?
The new regulation applies to products placed or made available on
the European market, whether new, used, repaired, or
reconditioned, and it covers every type of product, whether or not
it is interconnected to other items, supplied, or made available,
which is intended for consumers or is likely, under reasonably
foreseeable conditions, to be used by consumers even if not
intended for them.
When will the EU GPSR come into force?
The new Regulation will replace the General Product Safety Directive
(GPSD) 2001/95/EC after a transitional period that will end on
December 13, 2024.
Are any products specifically exempted from the requirements of
the EU GPSR?
Yes. The EU GPSR does not apply to: Medicinal products for human or
veterinary use Food Feed Living plants and animals, 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 Equipment on which consumers ride
or travel where that equipment is directly operated by a service
provider within the context of a transport service provided to
consumers and is not operated by the consumers themselves Aircraft
and their parts, including remote control, used in military,
customs, police, search & rescue, firefighting, border control,
coast guard and similar activities Antiques
Article 9(6) of the EU GPSR requires a manufacturer to indicate an
‘electronic address’ on the product or, where that is not
possible, on its packaging or in a document accompanying the
product. What does ‘electronic address’ mean?
The term ‘electronic address’ means any electronic address (such as
an email address) or website that provides direct communication,
e.g., by contact template. A static website would not suffice.
Does the additional requirement of an ‘electronic address’ within
EU GPSR apply to the manufacturer / importer of products covered
by their own product-specific safety legislation, for example,
toys?
The physical labelling obligations of manufacturers / importers
under section 1 of Chapter 3 of the EU GPSR would not apply for
products subject to Union harmonisation legislation (Union
legislation listed in Annex I to Regulation (EU) 2019/1020 and any
other Union legislation harmonising the conditions for the marketing
of products to which that Regulation applies) e.g., toys, aerosols,
batteries, cosmetics, electrical equipment etc.
For other product labelling obligations of manufacturers under
Article 9(5), an exemption to having this labelling information on
the product is permitted when “the size or nature of the product
does not allow it”. Can you share any examples?
The physical labelling requirements of products should follow the
same practice as the Blue Guide on the implementation of the product
rules Publications Office (europa.eu). Thus, the information should
be on the product or, if this is not feasible, on its packaging.
Aesthetic reasons do not constitute a justification for not placing
the information on the product.
Can labelling be provided via digital means only?
The product can include a label via digital means, but this is
strictly in addition to the physical labelling requirements and
cannot be used as a substitute.
Do manufacturer / importer labelling obligations under section 1
of Chapter 3 of the EU GPSR apply when products are sold via
distance sales and via online marketplaces?
Where a product is offered via distance sales under Article 19 or
via online marketplaces under Article 22, the labelling requirement
under section 1 of Chapter 3 of EU GPSR (including electronic
address) will need to be provided in the product offers, as this
section applies to ALL products, including products subject to Union
harmonisation legislation.
Some manufacturers may have no knowledge of what a risk analysis /
assessment is. In those circumstances, is it possible to have the
manufacturer simply sign a declaration that the product complies
with the EU GPSR?
Article 9 of the EU GPSR requires that manufacturers conduct an
internal risk analysis – effectively a risk assessment. A
Declaration does not meet this requirement. The actual risk analysis
will always be the responsibility of the manufacturer or their
authorised representative.
Is compliance with the technical documentation requirement
applicable to products already placed on the market?
The EU GPSR requirement for technical documentation commences for
products first made available on the Union market after the 13th of
December 2024.