On May 23, 2023, the European Commission officially issued the General Product Safety Regulation (GPSR) (EU) 2023/988, which came into effect on June 13 of the same year and will be fully implemented from December 13, 2024.
GPSR not only constrains economic operators such as product manufacturers, importers, distributors, authorized representatives, and fulfillment service providers, but also specifically imposes product safety obligations on providers of online marketplaces.
According to the GPSR definition, "online market provider" refers to an intermediary service provider that provides convenience for remote sales contract signing between consumers and traders through an online interface (any software, website, program).
In short, almost all online platforms and websites that sell products or provide services in the EU market, such as Amazon, eBay, TEMU, etc., will be regulated by GPSR.
1. Designated EU representative
To ensure that EU officials have sufficient authority to address the direct sale of hazardous products by EU foreign companies through online channels, GPSR stipulates that all products entering the EU market must designate an EU Responsible Person.
The main responsibility of the EU representative is to ensure product safety, ensure complete information related to product safety, and cooperate with EU officials to conduct regular product safety inspections.
The EU leader can be a manufacturer, authorized representative, importer, or a fulfillment service provider that provides warehousing, packaging, and other services within the EU.
Starting from December 13, 2024, all goods exported to the European Union must display European representative information on their packaging labels and product detail pages.
EU GPSR
2. Ensure compliance of product and label information
E-commerce companies should regularly check whether product technical documents, product labels and manufacturer information, instructions and safety information comply with the latest regulatory requirements.
Before listing products, e-commerce companies should ensure that product labels include the following content:
2.1 Product type, batch, serial number or other product identification information;
2.2 The name, registered trade name or trademark, postal address and electronic address of the manufacturer and importer (if applicable), as well as the postal address or electronic address of a single point of contact that can be contacted (if different from the above address);
2.3 Product instructions and safety warning information in the local language;
2.4 Name, registered trade name or trademark, and contact information (including postal address and electronic address) of the EU responsible person.
2.5 In cases where the size or properties of the product do not allow, the above information can also be provided in the product packaging or accompanying documents.
3. Ensure sufficient online display of information
When selling products through online channels, the sales information of the product (on the product details page) should at least clearly and prominently indicate the following information:
3.1 Manufacturer's name, registered trade name or trademark, and available postal and electronic addresses for contact;
3.2 If the manufacturer is not in the EU, the name, postal and electronic address of the EU responsible person must be provided;
3.3 Information used to identify products, including product images, product types, and any other product identification;
3.4 Applicable warnings and safety information.
GPSR
4. Ensure timely handling of safety issues
When e-commerce companies discover safety or information disclosure issues with the products they sell, they should immediately take action in conjunction with EU responsible persons and online market providers (e-commerce platforms) to eliminate or mitigate the risks associated with products provided online or previously provided online.
When necessary, the product should be promptly withdrawn or recalled, and the relevant market regulatory agencies of EU member states should be notified through the "safety gate".
5. Compliance advice for e-commerce companies
5.1 Prepare in advance:
E-commerce enterprises should comply with GPSR requirements, improve product labels and packaging, as well as various information about products displayed on e-commerce platforms, and clarify the responsible person (European representative) for the products sold within the European Union.
If the product still does not meet the relevant requirements after the effective date of GPSR (December 13, 2024), cross-border e-commerce platforms may remove the product and remove non compliant inventory. Non compliant products entering the market may also face enforcement measures such as customs detention and illegal penalties.
Therefore, e-commerce companies should take early action to ensure that all products sold comply with GPSR requirements.
EU CE certification
5.2 Regular review and update of compliance measures:
E-commerce companies should establish internal risk assessment and management mechanisms to ensure the sustainable safety and compliance of their products in the market.
This includes reviewing suppliers from a supply chain perspective, monitoring regulatory and platform policy changes in real-time, regularly reviewing and updating compliance strategies, providing effective after-sales service to maintain positive communication, and so on.
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Post time: Aug-10-2024
