EU General Product Safety Compliance Policy

1. Background

The General Product Safety Regulation (GPSR) will take effect from December 13, 2024 and replace the current General Product Safety Directive and Simulated Food Products Directive, aiming to establish a more modern EU general product safety framework. In response to the challenges posed by the digital economy (online markets) to product safety, most non-food consumer goods sold in the EU need to meet the requirements of this regulation.

2. Application Scope of GPSR

This regulation applies to:

• all goods supplied to the EU market, regardless of whether the product is new, used, repaired, refurbished or recycled (unless the product is already required to comply with equivalent product safety regulations due to other laws).

This regulation 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 referred to in Article 2(3), point (d) of Regulation (EU) 2018/1139;
• antiques.

3. Definition of Economic Operator and Compliance Obligations of Certain Roles

Definition of Economic Operator

GPSR requires Economic Operators to place safe products on the EU market. All economic operators should ensure that they have appropriate internal processes for product safety that comply with the relevant requirements of this regulation. "Economic Operator" refers to the Manufacturer, Authorized Representative, Importer, Distributor, and Fulfilment Service Provider. Merchants can determine which type of economic operator they belong to based on their role in the supply chain and fulfill the compliance obligations of the corresponding role. Below is a description of some of the compliance obligations for the roles: manufacturer and distributor.

Manufacturer's Compliance Obligations

Manufacturer is any natural or legal person who designs, manufactures and sells products under his or her own name or trademark. Manufacturers should entrust the EU responsible person (Responsible Person) in writing for relevant products sold to the EU market in accordance with GPSR requirements. In addition, the main compliance obligations of manufacturers include:

(a) Ensure that product design and production comply with general safety requirements;

(b) Ensure that product procedures that meet safety requirements for the production are in place;

(c) Before putting the product on the market, conduct product risk analysis and prepare technical documents. The manufacturer must update the technical documents in real time and save the technical documents for at least ten years;

(d) Ensure that products have identification labels that are clearly visible to consumers;

(e) The manufacturer's name, trademark, trade name, postal and electronic addresses, and contact point address are attached to the product/packaging/accompanying documents;

(f) Ensure that products come with safety instructions in a language that is easy for consumers to understand;

(g) Provide open channels of communication and take into account the accessibility needs of people with disabilities, allowing consumers to complain about any accidents or safety issues encountered while using the product.

Distributor's Compliance Obligations

A distributor refers to any natural or legal person in the supply chain, other than the manufacturer or importer, who supplies products to the EU market. Its main compliance obligations include:

(a) Before putting products on the market, the distributor must verify that manufacturers and importers comply with the general safety requirements of GPSR Article 5 and the requirements of GPSR Articles 9.5, 9.6, 9.7, 11.3, and 11.4;

(b) When the distributor is responsible for transporting and storing products, ensure that the general safety requirements of Article 5 of the GPSR and the requirements of Articles 9.5, 9.6, 9.7, 11.3, and 11.4 of the GPSR will not be affected.

4. EU Responsible Person

Before selling goods to the EU markets, merchants must ensure that the relevant goods have designated an EU responsible person in the EU in accordance with GPSR requirements, otherwise they cannot be sold in the EU market.

The following roles can become EU responsible person:

(a) Manufacturers (including brand owners) established in the EU;

(b) Importer when the manufacturer is not located in the EU;

(c) EU authorized representative, a letter of authorization issued by the manufacturer designates the authorized person to perform obligations on its behalf;

(d) Fulfillment Service Providers located in the EU, when none of the above-mentioned entities are located in the EU.

EU responsible person needs to perform the following tasks:

(a) Collect the EU Declaration of Conformity of the goods and ensure that the manufacturer or brand owner can provide technical documents and other documents in a language understandable to the relevant regulatory authorities as required to prove that the goods comply with EU legal requirements.

(b) Inform relevant regulatory authorities of any risks that may arise from the product.

(c) Cooperate with market regulators, including ensuring that manufacturers or brand owners take the necessary steps to correct non-compliance issues with goods.

(d) Regularly check technical documents, product and manufacturer information, product descriptions and safety information for compliance.

(e) Provide evidence or records of inspections performed to relevant agencies as required.

(f) The contact information of the EU responsible person, including postal address and email address/URL, needs to be displayed on the product, product packaging, product package or accompanying documents.

5. Product List Display Online

Merchants need to clearly and conspicuously display the following information on product details pages in accordance with GPSR:

 (a) The manufacturer's name, registered trade name or registered trademark, as well as the postal address and electronic address for contacting it;

 (b) Name, postal address and email address/URL of the EU responsible person;

 (c) Information that allows the identification of the product, including product pictures, product type, batch, serial number and any other product identification;

 (d) Warning or safety information (needs to be in a language easily understood by consumers in the country/region of sale).

6. Product Recall

If product safety issues arise, the merchant will initiate a product safety recall or respond to orders from relevant regulatory authorities. According to GPSR, merchants are responsible for providing consumers with a choice of at least two of the following product measures:

(a) Maintenance;

(b) Replace the recalled products with safe products of the same type and at least the same value and quality;

(c) Provide a full refund for the recalled products, and the refund amount is at least equal to the price paid by consumers.

The specific method of product replacement or refund shall be negotiated between the merchant and the buyer.

In the event of a product recall or the need to remind consumers of relevant information to ensure the safe use of the product ("safety warning"), merchants should ensure that all affected consumers can obtain the recall notification in accordance with the obligations stipulated by GPSR for the corresponding role. Ensure recall notices or safety warnings are disseminated clearly and visible through appropriate channels, ensuring that the information is disseminated as widely as possible, including but not limited to: company website, social media channels, newsletters, and retail stores.

7. Cooperate with Regulatory Agencies

According to GPSR, merchants should cooperate with market regulatory agencies to maintain product safety based on their own role positioning, including:

(a) Take actions to eliminate or mitigate the risks posed by the products it provides on the market;

(b) At the request of the regulatory agency, provide necessary product information to the regulatory agency, including a specific description of product risks, related complaints and known incidents, and a description of the corrective measures taken to locate risks;

(c) At the request of regulatory agencies, provide traceability information to identify and communicate products to regulatory agencies.

This compliance reminder outlines some of the requirements of the General Product Safety Regulation (GPSR) and provides guidance on how to comply with this regulation. This compliance reminder is for reference only and does not constitute or be considered as any legal advice, and Shoplazza does not assume any responsibility. If you have any questions about laws and regulations related to product compliance, it is recommended to consult your legal advisor.

Attached is the original text of the General Product Safety Regulation (GPSR)：https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv%3AOJ.L_.2023.135.01.0001.01.ENG&toc=OJ%3AL%3A2023%3A135%3ATOC