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This article serves as a helpful guide to the upcoming EU regulatory changes, which will take effect on December 13, 2024. While this does not fall under our direct responsibility, we’ve prepared it to ensure you have the necessary information to assess your readiness.
Important Note:
- If you manufacture, import, or sell products, this regulation likely applies to you.
- If you sell products under your own brand, even if you don’t produce them directly, you are considered a manufacturer under this regulation.
- If you import products from outside the EU, you are classified as an importer and must meet specific obligations.
- If you distribute or resell products already in the EU, you are a distributor.
- If you operate an e-shop, additional responsibilities apply to your product listings.
New Regulation Overview
Starting December 13, 2024, a new EU regulation will introduce stricter requirements for product safety. This is designed to enhance consumer safety and ensure accountability across supply chains. The regulation applies to most consumer goods and impacts manufacturers, importers, distributors, and online retailers operating within the EU.
Exempt Products
The following are not covered by this regulation:
- Food
- Medicines
- Animal-based products (e.g., wool, fur)
- Animal feed
- Animals and plants
- Antiques
- Products governed by other safety regulations (e.g., medical devices, toys)
If your products do not fall into these exempt categories, this regulation likely applies to you.
Responsibilities Based on Business Role
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Ensure Safety Before Production
- Conduct safety assessments to confirm products are safe, e.g., ensuring small items cannot be swallowed by children or fabrics do not cause skin reactions.
- Document safety assessments and technical details. Maintain these records for at least 10 years.
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Add Mandatory Labeling
- Add your brand name, email, and postal address to the product.
- If this is not possible, place the information on the packaging or an instruction leaflet.
- Assign a product identifier (type, model, or serial number) to ensure traceability.
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Provide Instructions and Safety Information
- Attach clear instructions and warnings, as necessary, to ensure the safe use of the product.
Importers
If you import goods from non-EU countries into the EU, your responsibilities include:
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Verify Manufacturer Compliance
- Ensure that the manufacturers meet all required safety and labeling obligations. Non-compliant products cannot be imported into the EU.
- Ensure that the manufacturers meet all required safety and labeling obligations. Non-compliant products cannot be imported into the EU.
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Add Your Own Contact Details
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Display your brand, email, and postal address on the product.
- Ensure all necessary instructions and warnings are included.
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Maintain Records
- Archive safety and technical documentation for at least 10 years.
- Archive safety and technical documentation for at least 10 years.
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Ensure Safe Storage and Transport
- You are responsible for the safe handling of products while they are under your care.
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Verify Manufacturer Compliance
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Distributors
If you sell goods already present in the EU market, you must:
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Check Compliance
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Verify that manufacturers and importers have fulfilled their obligations.
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Suspend sales of any non-compliant products until the issues are resolved.
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Ensure Safe Handling
- Take responsibility for the proper storage and transportation of products under your care.
Online Retailers
Add the following information to your e-shop product listings:
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Update Product Listings
- Display the manufacturer’s brand name, email, and postal address.
- For non-EU manufacturers, provide details of their EU representative.
- Add a photo of the product, its type, and identification details (e.g., serial number).
- Include warning and safety information, both in the listing and with the product itself.
Brand Owners
- If you sell products under your own brand, you are classified as a manufacturer and must fulfill the corresponding obligations.
Note:
If you sell a product under your own brand, you are not required to list the original manufacturer’s details. However, this makes you responsible for fulfilling the obligations of a manufacturer.
What to Do If a Product is Unsafe
Within this supply chain, you are obligated to contact each other as quickly as possible, report the product to the Safety Business Gateway, and notify customers who have purchased it.
Are you looking for GPSR-ready eCommerce?
Your own e-store in 48 hours. NO investment. Selection of 600,000+ promotional products from 50+ suppliers.
All in one catalog. Print price calculator. Virtual sampling.
Penalties and Deadlines
- Compliance is mandatory from December 13, 2024.
- Penalties for non-compliance with the new General Product Safety Regulation (GPSR) vary across the EU, as Member States are responsible for defining them. While businesses must comply by December 13, 2024, many countries have yet to finalize specific sanctions
Summary of Key Actions
- Verify compliance with the new GPSR requirements based on your business role.
- Ensure transparency in product information, including labeling and instructions.
- Archive documentation for at least 10 years.
- Update e-shop listings to meet the new requirements.
- Develop a plan to handle unsafe products quickly and effectively.
The GPSR aims to create a safer market for consumers but introduces additional responsibilities for businesses. Preparing now will help you meet the upcoming obligations smoothly.
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