The General Product Safety Regulation (GPSR) is a new key instrument in the EU product safety legal framework. It focuses on modernizing the EU’s general product safety framework and addresses the new-age challenges posed to product safety. The GPSR aims at safeguarding all non-food consumer products in the EU market and for that it establishes specific obligations for businesses to meet. It is the now-defunct General Product Safety Directive’s (2001/95/EC) replacing document, and has been in force since 13th December, 2024.
The Regulation emphasizes reinforced market surveillance of products, especially those influenced by the advent of technologies, digitization and evolving consumer behavior. This surveillance extends to the manufacturers, importers, distributors and online marketplaces, to manage its product obligations and to reinforce the product traceability requirements to fortify strict recall system and corrective measures. The products listed include anything that is made available in the EU market with certain exceptions of medicinal products, food and feed, animal by-products, plant protection products and others and will also regulate those products that have not been subject to the EU harmonization rules.
The establishment of an EU-based authorized representative for every non-EU product to be sold in the EU is an essential requirement so that they will be responsible for the product that they sell in the EU market. The manufacturers of the products mentioned under the Regulation are required to conduct a risk analysis as well as set up technical documentation that should be updated time to time and also retained for ten years. The product should also be assessed and categorized as a safe product depending on the product’s cybersecurity features, environmental risks as well as the mental risks of certain products that might affect vulnerable sections of the population like children.
In the case of online marketplaces, it is worthy of noting that the GPSR requires manufactures to provide direct communication for state authorities and consumers, registered on the ‘Safety Business Gateway’ (an online platform that allows producers and/or distributors to inform EU authorities of harmful products that may have entered the market). Here, the dangerous products must be removed or disabled within 2 working days, and information relating to this must be shared with the EU and national authorities.
Key Objectives of GPSR-
Comprehensive safety- Maintains overall safety by requiring that all consumer items, including those using new technology, fulfill high safety requirements in order to manage unforeseen dangers.
Regulation of e-commerce- Focuses on regulating e-commerce by requiring online platforms to check that products meet EU safety standards, hence increasing accountability in digital markets.
Enhanced enforcement and market surveillance- Strengthens enforcement and market surveillance, giving member states more responsibilities for monitoring compliance, conducting regular inspections, and implementing corrective actions as warranted.
Product recall process- Improves product recall processes by standardizing methods for alerting customers about dangerous products and offering efficient fixes, guaranteeing prompt action in the event of a safety issue.
Broader coverage- Ensures that all products sold in the EU, regardless of their place of origin, comply with safety standards.
The GPSR is a thorough framework that adjusts to new business and technology trends, guaranteeing strong consumer protection and upholding strict safety regulations throughout the EU. It is vital for enterprises to comply with GPSR regulations in order to protect consumer safety and maintain access to the EU market while avoiding financial losses and reputational concerns.
Working in unison with the Europe India Centre for Business and Industry (EICBI), Indian businesses with presence in the EU market can effortlessly meet the new standards set by the GPSR. With the ability to provide specialized support in all matters relating to the Regulation, you can count on EICBI for not only sound regulatory advice, but also for getting the tedious paperwork and approvals in order. An impactful Regulation like the GPSR will only continue to evolve and add on more rules to the already long list. Indian businesses requiring support can rely on EICBI, for we stay adept at understanding and working on such challenging regulations.
REFERENCES
The EU’s new General Product Safety Regulation is set to land in December 2024. (2024, August 1). RPC.
Catherine Follin-Arbelet. (2024, March 26). Understanding the EU General Product Safety Regulation: Commonly asked questions. SGSCorp.
General product safety regulation (2023) | EUR-Lex. (n.d.).
EU Consumer Goods General Product Safety Regulation (GPSR). (2024, September 30). International Trade Administration | Trade.gov.
DOI- https://www.trade.gov/market-intelligence/eu-consumer-goods-general-product-safety-regulation-gpsr
Ensure Compliance with EU General Product Safety Regulation. (2024b, October 28).
IndiaFilings. (n.d.-b). GPSR Compliance Made Easy - Start your Business in EU.
Pandey, V., Kumar, A., & Gupta, S. (2024). Assessing the need for the adoption of digitalization in Indian small and medium enterprises. Open Engineering, 14(1).
This article has been written in collaboration by EICBI Interns Gargi Mishra, Aarti Raturi, Harshaman Mehta, Ravi Rawat, Udlakshaya Raina and Unnimaya Parakkattu
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