EU Regulation 2023/988 on General Product Safety: factsheet
Published 3 December 2024
Applies to Northern Ireland
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From 13 December 2024, there are changes to general product safety rules in Northern Ireland. Many UK businesses that sell goods in NI will already be going further than these requirements and therefore likely to have sufficient arrangements in place to be able to comply with these changes. Where changes are needed, detailed guidance is available. A summary of what this means for businesses is included below.
GPSR in Northern Ireland from 13 December 2024
From 13 December 2024, the EU General Product Safety Regulation (EU) 2023/988 (GPSR) applies within the EU. To facilitate dual access to both the UK Internal Market and EU Single Market, Northern Ireland applies certain EU product safety regulations – including GPSR. Certain new obligations therefore apply with respect to Northern Ireland from 13 December 2024. The following note provides an overview of what this means for businesses, with more detailed guidance available.
GPSR – at a glance
GPSR requires that certain consumer products placed on the NI market are safe and establishes specific obligations for businesses to ensure that safety. For products regulated by GPSR to be placed on the market, there must be a ‘responsible economic operator’ (REO) in place to ensure compliance tasks are fulfilled. The regulations also introduce certain requirements with respect to product labelling, traceability and documentation, as well as clarifying that online marketplaces are in scope of the regulations.
What this means for businesses
There are various ways to meet the GPSR, and most UK businesses that sell goods in NI are likely to have sufficient arrangements in place as the rules in many cases formalise the reality of how businesses are already operating in the UK in order to be able to sell goods into the EU.
Where changes may be required, more detailed guidance should provide clarity to businesses as to how to come into compliance.
In line with the Regulator’s Code, enforcement continues to be proportionate, risk-based and intelligence-led, with a focus on helping bring businesses into compliance where possible before considering other forms of enforcement action.
If businesses have any concerns about compliance or supplying products to Northern Ireland, please contact [email protected] and [email protected].
Scope of the GPSR
GPSR applies to certain consumer products, but in practice does not introduce substantive new obligations where there is product-specific regulation already in place. It includes a series of exemptions, as detailed in the guidance (including, but not limited to, human and veterinary medicines, food and feed, and antiques).
GPSR updates the requirements on manufacturers, importers and distributors of products, and introduces new obligations on providers of online marketplaces and fulfilment service providers. Some of these are explained below, with more details on what businesses need to do provided in the guidance.
Businesses should note that, in accordance with Article 51 of GPSR, the regulation applies only to products placed on the market from 13 December 2024. No action needs to be taken for products that have already been placed on the market in NI before 13 December 2024 and which comply with relevant pre-existing product safety legislation.
Responsible economic operators under the GPSR
For products regulated by GPSR to be placed on the NI market, there must be a REO established in NI or the EU to ensure compliance tasks are fulfilled and to inform relevant authorities of any product safety incidents. This obligation already exists for many products, but is now being extended to consumer products captured by GPSR.
‘Established’ means having a presence in NI or the EU. This can be a registered office, headquarters or any permanent place of business (e.g. retail outlet, distribution centre, or other function) in that country. For an individual, this can be the place where you are resident.
The REO’s contact and other details must be indicated on the product or on its packaging, the parcel, or an accompanying document. Accompanying documentation may include, though is not limited to, a store receipt or other despatch or shipping documentation that is provided alongside a product and does not need to be within the same packaging as the product itself as long as it accompanies the product.
Labelling and traceability
Manufacturers will need to ensure a product can be identified by consumers in an easily visible and legible way. This includes batch or serial number or any other identifying element. If the size and/or nature of the product does not allow this, the information should be provided on the packaging or in accompanying documentation (as described above).
Where a product is not compliant, an importer or distributor may bring the product into compliance, for example by adding the necessary instructions or information without returning the product to the manufacturer.
Online marketplaces
The obligations on providers of online marketplaces are set out in the business guidance and include requirements to designate contact points, to have processes in place to comply with the GPSR, and to cooperate with market surveillance authorities.
For clarity, the GPSR does not create a new obligation for online marketplaces to pre-emptively identify and remove products from their platforms which were placed on the market before 13 December 2024. Neither is the GPSR intended to amount to a general obligation on online marketplaces to monitor the information which they transmit or store, nor is it intended to require online marketplaces to actively seek facts or circumstances indicating illegal activity.
Enforcement
In line with the Regulators’ Code, enforcement continues to be proportionate, risk-based and intelligence-led, minimising disruption to compliant UK businesses. Businesses are obliged to cooperate with Market Surveillance Authorities and comply with any actions taken by a Market Surveillance Authority. Authorities continue to have an initial focus on providing effective advice and support for UK businesses, helping them to understand and meet any new obligations they may have, and applying their discretion as businesses adapt.