The General Product Safety Regulation (GPSR) represents a significant overhaul of the EU’s product safety standards, replacing the General Product Safety Directive (GPSD). Effective from December 13, 2024, this regulation aims to enhance consumer protection by ensuring that all non-food products sold in the EU are safe, regardless of the sales channel. This includes both traditional retail outlets and online marketplaces like Amazon.
Scope and Objectives of the GPSR
The GPSR applies to most non-food consumer products sold within the EU, including used, repaired, and reconditioned goods. Notable exceptions include medicinal products, food, animal feed, living plants and animals, and certain equipment used in transportation services. The primary goal is to ensure that products placed on the EU market are safe for consumers, providing a harmonized set of safety standards across member states.
This regulation is part of the EU’s broader strategy to bolster consumer confidence in the internal market by ensuring that all products meet stringent safety requirements, irrespective of their origin or sales platform. The GPSR particularly focuses on improving transparency, traceability, and accountability within the supply chain.
Key Requirements and Provisions
1. Responsible Person and Labeling:
- A critical aspect of the GPSR is the requirement for a Responsible Person established within the EU. This person acts as a contact point for authorities and consumers regarding product safety issues. The Responsible Person’s contact details, along with those of the manufacturer and importer, must be visibly labeled on the product, packaging, or accompanying documentation.
2. Risk Assessment and Documentation:
- Manufacturers are obligated to conduct comprehensive risk assessments before placing products on the market. They must maintain technical documentation proving compliance with safety standards. This includes detailed descriptions of the product, the manufacturing process, safety features, and any testing or quality control measures taken.
3. Online Sales and Marketplaces:
- For online sales, the GPSR mandates that product listings include detailed safety information, including warnings and instructions in the language of the country where the product is sold. Online marketplaces, like Amazon, must also ensure that products listed on their platforms comply with these requirements. They are responsible for removing non-compliant products and may face penalties if they fail to do so.
4. Product Traceability:
- Products must include identifiers such as type, batch, or serial numbers to facilitate tracking. This traceability is crucial for efficient management of product recalls and addressing safety concerns. The European Commission may establish a traceability system for products that pose significant risks to consumer safety.
5. Consumer Communication and Recalls:
- The regulation requires that manufacturers and marketplaces notify consumers and relevant authorities about any recalls or safety warnings. This communication must be prompt and may include direct notifications to consumers, public announcements, or updates on online platforms.
How to Comply with the GPSR for Amazon sellers?
As the GPSR comes into effect, Amazon sellers must take several critical steps to ensure compliance and avoid penalties:
1. Appoint a Responsible Person
- Amazon sellers must designate a Responsible Person based within the EU. This individual or entity ensures the product’s compliance with safety standards and serves as a point of contact for regulatory authorities. The Responsible Person’s details, including postal and electronic addresses, must be provided on the product, its packaging, or accompanying documentation.
Who can be a Responsible Person?
- The manufacturer or brand owner, if based in the EU.
- An EU-based importer.
- An authorized representative appointed by the manufacturer.
- A fulfillment service provider established in the EU.
If a seller is not based in the EU, they must appoint a third-party provider, which can be found through Amazon’s Service Provider Network.
2. Update Product Listings
- Sellers must ensure that their product listings include comprehensive information compliant with GPSR requirements. This includes:
- Product Identifiers: Clearly display the type, batch, or serial number to enable product traceability.
- Manufacturer Information: Include the manufacturer’s name and contact details, including both postal and electronic addresses.
- Safety Information: Provide warnings and safety instructions in the official languages of the countries where the products are sold. This information must be visible on the product detail page and should be accessible via images or attached documents.
3. Maintain Compliance Documentation
- Sellers need to keep thorough records of compliance documentation, including:
- Technical Documentation: Details about the product design, manufacturing processes, and risk assessments.
- Declarations of Conformity: Statements that confirm the product meets applicable EU safety standards.
These documents may be requested by authorities or Amazon and must be readily available.
4. Ensure Product Traceability
- Each product must include identifiers that allow for easy traceability. This can be a type, batch, serial number, or another identifier that enables tracking the product throughout the supply chain.
5. Implement Procedures for Recalls and Warnings
- Sellers must establish procedures for managing product recalls and issuing safety warnings. This includes:
- Notification of Recalls: Quickly inform consumers and authorities of any recalls. Sellers should use direct communication for known customers and public announcements on websites and product pages for others.
- Offering Remedies: Provide consumers with options such as repairs, replacements, or refunds in the event of a recall.
6. Regularly Review Compliance Status
- Utilize Amazon’s “Manage Your Compliance” dashboard in Seller Central or Vendor Central to update and review compliance information. This tool helps sellers manage and submit required documents and information about the Responsible Person and manufacturer.
7. Monitor Changes and Updates
- Given that regulations and compliance requirements can evolve, sellers should stay informed about any updates to the GPSR or Amazon’s compliance policies. Regular checks of Amazon’s communication channels and the EU’s regulatory announcements are essential.
8. Seek Professional Assistance
- If the compliance process seems complex, sellers should consider seeking help from legal experts or compliance specialists. These professionals can provide guidance and ensure that all regulatory requirements are met, thus avoiding potential fines or product removals.
By following these steps, Amazon sellers can align with the GPSR, maintain market access, and ensure that their products are safe and compliant. This not only protects consumers but also enhances the seller’s reputation and trustworthiness in the marketplace.
