GPSR: What EU Sellers Need to Know and Implement Before December Deadline

As the December deadline draws closer, it’s crucial for EU Amazon sellers to be fully informed and 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 new 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. Adapting to these new requirements is essential for maintaining customer trust and avoiding disruptions during the critical holiday period.

With its effective date set for December 13, 2024, now is the time to understand and prepare for these new requirements.

What Is GPSR and Why Does It Matter?

The General Product Safety Regulation is a comprehensive set of rules established by the European Union (EU) to ensure that all products sold in the EU, including Northern Ireland, are safe for consumers. 

Replacing the previous General Product Safety Directive, GPSR EU introduces stricter safety standards and enforcement mechanisms. It requires businesses to assess and mitigate risks associated with their products, provide clear safety information, and maintain thorough documentation to demonstrate compliance.

For Amazon sellers, GPSR is particularly significant because it raises the bar for product safety and transparency. Sellers must now ensure that every item they list meets the GPSR’s rigorous standards, or they risk facing penalties, including fines, product recalls, or even the removal of their products from Amazon’s marketplace.

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.

Article 2(2) includes a list of exclusions, which encompasses:

• 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.

Each of these parties must ensure that the products they handle meet the safety requirements outlined in the GPSR. Additionally, the GPSR covers aspects such as product labeling, traceability, and the availability of safety information to consumers.

It also mandates that businesses take proactive measures to prevent unsafe products from entering the market and requires swift action, including recalls, if a product is found to pose a risk to consumer safety.

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 will be 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. 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.

3. 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.

Other Considerations

• Risk Assessment and Mitigation: Sellers must conduct thorough risk assessments for their products, identifying potential hazards and taking necessary steps to mitigate those risks. This includes analyzing the product’s design, manufacturing process, and intended use.
• 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.

3 Common Seller Concerns Addressed

1. UK vs. EU Requirements

On Amazon’s GPSR announcement news post, many sellers are confused about the requirements for the UK market, especially concerning Northern Ireland. Here’s what you need to know:

• For listings on Amazon UK-based stores, you don’t need to submit any information to Amazon.
• However, Northern Ireland is considered part of the EU for regulatory purposes under the Northern Ireland Protocol.
• If you sell to Northern Ireland, you'll need to comply with GPSR requirements.

2. 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.

3. 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

• Review your product catalog to identify items that fall under GPSR.
• Ensure compliance for all EU-based store listings.
• Be aware that non-compliant listings risk removal and ineligibility for flash sales.

Brand Owners

• Verify product compliance with GPSR requirements.
• Enroll in Amazon Brand Registry if you haven't already.
• Appoint a Responsible Person within the EU.
• Provide and display required manufacturer information.
• Update your product pages with necessary details.

Resellers

• Verify compliance of the products you’re selling.
• Provide Responsible Person and manufacturer information.
• Display product pictures and safety information as required.

Compliance Process on Amazon

To help sellers comply with GPSR, Amazon has introduced new tools:

1. Use the “Add compliance information” widget in the Manage your Compliance Dashboard.
2. Provide necessary details 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.

Preparing for GPSR: Next Steps

• Start early: Begin your compliance process now to avoid last-minute rushes.
• Stay informed: Keep an eye out for further updates from Amazon and regulatory bodies.
• Seek professional advice: Consider consulting with legal experts to ensure full compliance.
• Review your supply chain: Ensure your suppliers are aware of and can meet GPSR requirements.‍
• Update your processes: Implement new procedures to maintain compliance going forward.

Ensuring Product Safety and Brand Trust

The implementation of GPSR represents a major change for Amazon sellers operating in the EU market. While it may seem daunting, early preparation and a thorough understanding of the requirements will help ensure a smooth transition.

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, start your preparations early, and don't hesitate to seek help when needed. With the right approach, you can turn this regulatory challenge into an opportunity to stand out in the EU marketplace.