6 main requirements to be ready for GPSR

EU introduced new safety requirements for all non-food products placed in the European Market. This will influence all e-commerce sellers, marketplaces, and importers. According to this new rules all goods are seen either as Harmonised products (goods which regulated at EU level for ex. CE marked goods) and other Non-harmonised products (goods for which no special rules have been introduced). These new GPSR (General Product Safety Regulation) rules cover Non-harmonised products.

There are 6 main requirements of the new legislation:

1. Online Listing Requirements

For online sales “offer” of the product must include:

• Details of the manufacturer;
• Details of responsible person in the EU;
• Information to identify the product a product picture and any other information needed to identify the product in their online listings;
• Any warnings and safety information in the language of the country of sale. This information should include but is not limited to, CE marks, energy labels, toy safety warnings, chemical hazard warnings, and any other warning or safety information that is affixed to the product or packaging, or included in an accompanying document.

2. Marketplace GPSR obligations

Amazon, Joom, Aliexpress, Etsy and other marketplaces has implemented safety standards and will report any product safety issues with the products sold on their platforms to the Safety Business Gateway.

How do marketplaces ‘enforce’ compliance?

1. Request test reports;
2. Request compliance documents (e.g. DoC declaration of conformity, Children’s Product Certificate) and compare to the test report;
3. Check Product Label Images;
4. Check Packaging Label Images;
5. Request supplier invoice and compare it to the test report/compliance documents.

3. Safety issues reporting requirements

Safety Gate RAPEX is the EU system for all dangerous consumer products, with the exception of food, pharmaceuticals, and medical devices. Manufacturers, Authorised representatives, Sellers, and Marketplaces must report immediately any goods posing a risk to health and safety of consumers. These safety alerts are available on European Commission website for everyone and are updated every week.

4. Check the safety of goods before place them on the European Market

To be able to check if goods are safe manufacturer and importers need to test goods and get Laboratory test results (according to EU standards REACH- substance testing, flammability, etc). Here you can see examples of testing for different categories of goods:

• Substance testing – Check if the material contains chemicals and heavy metals above or below the set limits;
• Electrical testing – Electrical safety, EMC, wireless communications, energy efficiency, etc;
• Physical/Mechanical Property Testing = Sharp points, stability, small parts, etc;
• Flammability testing = Cigarette ignition, ignition, and char level, flame height, etc.

Test laboratories that make tests for EU standards are located not only in the EU, manufacturers located in India, China, or other countries can check safety in local laboratories that provide these types of testing.

5. Labeling requirements

Information on labels depends on types of goods. For example, for textile the label needs to clearly show:

• What is the fabric made of? Fabric structure must be listed like cotton or polyester in order from most to least used.
• Use easy-to-read writing in the same size and style throughout.
• Keep the fabric content information separate from care instructions like washing symbolsf selling in the EU, translate the label into the local language where the product is sold.

Packaging label, EU Ecolabel

Some labels might be in digital form – QR code with a link to full information. Digital form labels are not obligatory at the moment.
Brand owners, authorized representatives, importers, distributors and responsible persons are required to place their contact details on the product packaging or their website.

6. Requirements to Appoint a European Responsible person

Brand owners not based in the EU need to appoint a Responsible Person as soon as this is an important requirement under the GPSR. The Responsible Person can be an EU-based subsidiary, importer, authorized representative, or fulfillment service provider, and serves as the primary point of contact for compliance matters. Brand owners must provide the Responsible Person’s contact information to Marketplace and display it on the product, packaging, or accompanying documents, making it easily accessible to buyers and authorities. The responsibility is shared between the Responsible Person and the distance sales retailer. Therefore, the RP has to provide the information and keep it updated; the retailer must display the information received online or at the point of sale.