GPSR: What EU Sellers Need to Know and Implement

[Originally Published: August 19, 2024 / Last Updated: December 31, 2024] This article has been updated to reflect current information on the General Product Safety Regulation. Key updates include:

• GPSR came into effect on December 13, 2024.
• GPSR directly applies to all EU Member States without requiring transposition into national law.
• Expanded details on GPSR's application to products under Union harmonisation laws, noting that only certain provisions apply to CE-marked items.
• Some aspects of the GPSR will be subject to delegated or implementing acts by the EU Commission, so sellers should monitor potential updates.

With GPSR now in effect, it's crucial for EU Amazon sellers to be fully compliant with the General Product Safety Regulation (GPSR). Non-compliance can lead to significant consequences, including hefty fines and potential suspension of selling privileges on the platform.

For instance, under the regulation, sellers must ensure that they have detailed product documentation and that their products meet the essential safety requirements, a task that becomes even more challenging during peak selling seasons. Implementing these requirements is essential for maintaining customer trust and avoiding disruptions during the critical holiday period.

Following an 18-month transitional period, as of December 13, 2024, sellers must now fully understand and implement these requirements.

What Is GPSR and Why Does It Matter?

The General Product Safety Regulation (GPSR) is a broad legislative framework introduced by the European Union (EU) to ensure that all products sold in the EU, including Northern Ireland, are safe for consumers.

The EU faces challenges in creating specific safety laws for every type of consumer product—both current and future. This is because the sheer variety of products and their evolving nature make it impractical to address every scenario with sector-specific regulations.

To fill these gaps, the GPSR provides a framework that complements existing product-specific laws, ensuring consumer safety is consistently upheld across the board.

Unlike its predecessor, the General Product Safety Directive (GPSD), the GPSR is directly applicable in all EU Member States. This means it doesn't require national transposition (the process of incorporating directives into the national laws of member states), resulting in uniform rules that apply equally across the EU.

The regulation introduces stricter safety standards and enforcement mechanisms, requiring businesses to:

• Assess and address risks associated with their products.
• Provide clear safety information to consumers.
• Maintain comprehensive documentation to demonstrate compliance.

For Amazon sellers, the GPSR is particularly impactful as it raises the bar for product safety and transparency. Sellers must ensure that every product they list adheres to the GPSR's rigorous standards. Failure to comply can result in significant penalties, such as fines, product recalls, or even the removal of their listings from the Amazon marketplace.

By setting a high benchmark for consumer product safety, the GPSR protects consumers while creating a clear and consistent framework for businesses operating within the EU market.

Scope of GPSR

The scope of GPSR covers all products sold or supplied within the European Union, with a primary focus on ensuring that consumer goods are safe for use.

This regulation applies to new, used, repaired, or reconditioned products, regardless of whether they are manufactured within the EU or imported from outside the EU. The GPSR encompasses a wide range of products, including electrical appliances, toys, furniture, clothing, and other consumer goods.

Interaction with Specific Product Regulations

For products covered by sector-specific Union harmonisation legislation (e.g., toys, electronics, or machinery with CE marking), the GPSR complements these laws:

• Non-overlapping rules: The GPSR ensures there are no conflicting provisions, offering a clear and consistent legal framework.
• Filling gaps: The GPSR applies when specific legislation does not cover certain risks. For instance, if a product's safety requirements under specific rules lack provisions for emerging risks, such as cybersecurity for smart devices, the GPSR steps in.

Product Exclusions

Article 2(2) includes a list of exclusions, such as:

• Medicinal products for human or veterinary use
• Food
• Feed
• Living plants and animals, genetically modified organisms
• Animal by-products and derived products
• Plant protection products
• Equipment used for transporting consumers, where the service provider directly operates the equipment as part of a transportation service, and consumers are not responsible for operating the equipment themselves
• Antiques
• Aircraft

Crucially, the GPSR imposes responsibilities on all economic operators involved in the supply chain, including manufacturers, importers, distributors, and online marketplaces like Amazon.

Key Requirements of EU GPSR

1. Responsible Person

One of the most significant changes introduced by GPSR is the requirement for a Responsible Person. This individual or entity must be established within the EU and is accountable for ensuring product compliance.

Key points:

• You must have a Responsible Person for your non-food products.
• Their contact information must be labeled on your products.
• The information should be in one of the EU's official languages.

2. Risk Analysis and Technical Documentation

Under Article 9, manufacturers must conduct a comprehensive risk analysis and prepare technical documentation for their products before they are placed on the market. This was not a general requirement under the former GPSD (General Product Safety Directive).

3. Manufacturer Information

General Product Safety Regulation EU mandates clear labeling of manufacturer information on products and online listings.

Requirements include:

• Labeling products with the manufacturer's contact details.
• Including importer information, if applicable.
• Ensuring visibility of this information on both physical products and online listings.

4. Labelling and Traceability

Proper labeling and traceability are crucial components of GPSR compliance. This ensures that products can be traced back to their origin in case of safety issues or recalls.

You'll need to:

• Adhere to both GPSR and existing labeling requirements.
• Ensure each product carries a unique identifier.
• Provide necessary warning and safety information, both physically and in online listings.

5. Online Sales and Marketplaces

The GPSR introduces specific provisions for online sales:

• Products sold online or via distance selling channels are considered "available on the market" if the seller targets EU consumers.
• Online marketplaces must now support product recalls, cooperate with authorities, and suspend services for traders frequently offering non-compliant products.

Other Considerations

• Documentation: Sellers must keep comprehensive documentation that demonstrates their compliance with GPSR requirements. This includes records of risk assessments, safety testing, and any corrective actions taken to address identified risks.
• Market Surveillance: The GPSR enhances market surveillance activities, allowing authorities to monitor and enforce compliance more effectively. Sellers must cooperate with authorities during inspections and provide any requested information promptly.
• Product Recalls: If a product is found to be unsafe, businesses are required to take immediate action to recall the product from the market. This includes notifying consumers and relevant authorities, and providing remedies such as refunds or replacements.‍
• Corrective Actions: Sellers must implement corrective actions if any safety issues are identified. This may involve redesigning the product, updating safety information, or improving manufacturing processes.

Current Implementation Status

Products that were compliant with the previous General Product Safety Directive and placed on the market before December 13, 2024, are still allowed to be sold. However, all newly introduced products must now comply with current GPSR standards. Sellers should carefully manage their inventory to ensure full compliance with these requirements.

3 Common Seller Concerns Addressed

UK vs. EU Requirements

Based on Amazon's GPSR announcement post, many sellers have questions about the requirements for the UK market, especially concerning Northern Ireland (NI). Here's what you need to know, according to NI Business Info:

• NI is considered part of the EU for regulatory purposes under the Northern Ireland Protocol. This means that sellers must comply with GPSR requirements for goods placed on the NI market, even though NI remains part of the UK.
• Products placed on the market in Northern Ireland must meet GPSR requirements, including having a Responsible Economic Operator (REO) established in NI or the EU.
• Online marketplaces operating in Northern Ireland must also comply with specific GPSR obligations, such as having processes to cooperate with market surveillance authorities.

For additional resources, businesses can contact:

• OPSS.enquiries@businessandtrade.gov.uk
• wftf-sgim@cabinetoffice.gov.uk

Product Labelling Concerns

Some sellers, particularly those in the clothing industry, are worried about revealing manufacturer details. While compliance is necessary, there are ways to balance it with your business interests:

• Consider using a brand name different from your manufacturer name.
• Focus on providing required information without compromising your competitive edge.
• Consult with legal experts to ensure you're meeting requirements while protecting your business.

Online Listing Requirements

Displaying warning and safety information in multiple languages can be challenging. Here are some tips:

• Use Amazon's built-in translation features where available.
• Consider adding user manuals and safety documents in the product detail pages.
• Use clear, simple language that's easy to translate accurately.

Action Items for Amazon Sellers

All Sellers

• Ensure current compliance for all EU-based store listings
• Maintain proper documentation and safety information
• Monitor listings to prevent removal and maintain flash sale eligibility

Brand Owners

• Verify ongoing product compliance with GPSR requirements
• Maintain enrollment in Amazon Brand Registry
• Ensure your EU Responsible Person is properly appointed
• Keep manufacturer information up to date
• Regularly review and update product pages

Resellers

• Maintain compliance verification for all products
• Keep Responsible Person and manufacturer information current
• Ensure proper display of product pictures and safety information

Compliance Process on Amazon

Amazon provides tools to help sellers maintain GPSR compliance:

1. Use the "Add compliance information" widget in the Manage your Compliance Dashboard.
2. Keep necessary details updated for each affected product.
3. Information will be displayed on product detail pages within 24 hours of confirmation.

If you're not continuing sales in EU stores, remove affected products from your inventory via the Manage Inventory Dashboard or FBA.

Enhanced Seller Support from Amazon

Amazon continues to improve its Seller Support to help sellers navigate these regulatory requirements effectively. As announced at the Amazon Accelerate event, sellers can take advantage of the following features:

• 100% Live Chat Coverage: Immediate assistance for Seller Support issues.
• New Escalation Process: For unresolved issues, ensuring timely resolution.
• AI-Enabled Support: Quick resolutions for simpler inquiries, allowing sellers to focus on more complex problems.‍
• Connect with a Specialist Pilot: For complex and urgent issues, connecting sellers with specialized support can provide critical guidance during this transition.

Maintaining GPSR Compliance

• Stay current: Monitor updates as some aspects of the GPSR are subject to delegated acts or implementing acts from the European Commission
• Maintain documentation: Keep your compliance documentation up to date
• Regular reviews: Conduct periodic reviews of your supply chain and processes
• Professional guidance: Consider ongoing consultation with legal experts‍
• Process updates: Continue refining your compliance procedures

Ensuring Product Safety and Brand Trust

The implementation of GPSR represents a significant change for Amazon sellers operating in the EU market. While the requirements are comprehensive, understanding and maintaining compliance helps ensure long-term success in the EU marketplace.

Remember, GPSR is ultimately about ensuring product safety for consumers. By complying with these regulations, you're not just avoiding penalties – you're building trust with your customers and strengthening your brand's reputation in the EU market.

Stay proactive, maintain your compliance efforts, and don't hesitate to seek help when needed. With the right approach, you can turn these regulatory requirements into an opportunity to stand out in the EU marketplace.