UK – Government issues update on EU General Product Safety Regulation 2023/988 (GPSR) in regard to market surveillance

Vol. 1439 | 08 Dec 2024

Overview of the New General Product Safety Regulation (GPSR)

Introduction

The Regulation revises product safety standards by amending EU Regulation No 1025/2012 and Directive 2020/1828 and repealing the General Product Safety Directive 2001/95/EC (GPSD) and Directive 87/357/EEC. It establishes requirements for ensuring consumer products are safe, defines the responsibilities of Market Surveillance Authorities (MSAs), and introduces rules for sharing product safety information. This Regulation will directly apply to Northern Ireland (NI) starting from December 13, 2024.

Legislative Framework

In Northern Ireland, the legislative framework includes:

• General Requirements: Applicable to all harmonized goods.
• Specific Requirements: Targeted provisions for specific product categories (e.g., PPE, toys) that take precedence over general requirements when more detailed standards exist.

The Regulation also expands market surveillance measures from EU Regulation 2019/1020, bringing additional products under its scope.

Approach to Market Surveillance in NI

(1) Responsibilities of MSAs

• Existing MSAs will continue overseeing the NI market.
• Authorities with UK-wide responsibilities, including those based in Great Britain, remain involved.
• The Office for Product Safety and Standards (OPSS) retains authority for significant, novel, or contentious cases and will coordinate with local authorities, other MSAs, and border control as required.

(2) Surveillance Approach

• Focuses on post-market activities using a risk-based, intelligence-led strategy.
• Prioritizes identifying and addressing unsafe products.
• Encourages MSAs to provide advice, support, and guidance to businesses to ensure compliance and minimize non-compliance.

(3) Guidance

• MSAs are advised to reference the latest European Commission Blue Guide for interpreting goods legislation.

Business Requirements

New obligations aim to improve product traceability, especially for goods sold online.

(1) Responsible Economic Operator

• An economic operator must be established in the EU or NI for consumer products.
• This can be the manufacturer, importer, authorized representative, or fulfilment service provider.

(2) Obligations for Economic Operators

• Documentation Verification: Ensure technical documentation includes risk assessments and compliance evidence with European or UK standards.
• Product Identification: Products must display a type or batch number, the manufacturer’s details, and safety instructions if required.
• Documentation Retention: Maintain technical documentation for 10 years and provide it to MSAs upon request.
• Risk Notification: Inform MSAs immediately if a product poses a risk.
• Cooperation: Assist MSAs in mitigating risks and fulfilling compliance requirements.
• Data Sharing: Notify relevant EU MSAs of dangerous products via the Safety Business Gateway.

(3) Online Marketplaces:

• Providers of online marketplaces must designate a contact point for product safety issues and cooperate with MSAs.
• They must also register with the Safety Gate Portal and take corrective actions when notified of non-compliant products.

Enforcement

(1) Regulatory Action

• OPSS can intervene in significant cases and coordinate with other authorities.
• MSAs will take a proportionate, intelligence-led approach, prioritizing public safety and providing guidance to businesses.

(2) Penalties for Non-Compliance

• Enforcement actions may include compliance notices, withdrawals, or recalls.
• Breaches of the Regulation may lead to prosecution for persistent or deliberate non-compliance.

(3) Overlap with Other Legislation

• Product-specific rules take precedence when aligned with the Regulation’s objectives.

Transitional Arrangements

(1) Products Already on the Market

• Products compliant with the 2005 UK GPSR before December 13, 2024, may remain available unless deemed unsafe.
• Existing stock can continue to be sold under the prior framework.

(2) Business Support

• MSAs should offer businesses additional support during the transition to help them adapt to the new requirements.

This Regulation emphasizes safety, accountability, and traceability while providing clear enforcement and transitional measures to support businesses in ensuring compliance.

Useful links

For full information please click here.

Useful links related to this Insight:

• Regulators code
• Blue Guide
• Safety business gateway

 

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