The General Product Safety Regulation (GPSR) establishes clear rules to ensure consumer products marketed within the European Union (EU) meet high safety standards. Non-EU retailers who sell products to EU consumers, whether through online marketplaces or direct sales, must comply with GPSR requirements.
Key Obligations for Non-EU Retailers
1. Appoint an EU-based Responsible Person
Non-EU retailers must designate an authorized representative or economic operator within the EU. This entity is responsible for ensuring the safety of products and can be one of the following:
- Manufacturer (if based in the EU)
- Importer
- Fulfillment service provider
- Authorized representative
This responsible person must ensure compliance with safety requirements and be identifiable on the product or packaging.
2. Product Safety Compliance
All products sold in the EU must meet the safety standards outlined in the GPSR. Non-EU retailers must ensure that:
- Products conform to relevant EU safety regulations and directives.
- Technical documentation and risk assessments are available upon request.
- Products bear appropriate safety markings, labels, and traceability information.
3. Providing Traceability Information
Non-EU retailers must ensure that their products include:
- Manufacturer’s name and contact details.
- The EU-based responsible person’s details (if applicable).
- A batch, serial number, or other identifiers for traceability.
4. Reporting and Corrective Actions
If a product is found to be unsafe, non-EU retailers must:
- Cooperate with EU market surveillance authorities.
- Conduct recalls or corrective actions if necessary.
- Inform consumers and authorities of any risks posed by the product.
5. Online Marketplaces and Digital Compliance
For online sales, GPSR requires additional measures, including:
- Ensuring digital listings comply with EU safety standards.
- Promptly addressing complaints and safety concerns raised by authorities or consumers.
Consequences of Non-Compliance
Failure to comply with GPSR may result in penalties, product bans, or withdrawal from the EU market. Market surveillance authorities have the power to enforce regulations strictly, making compliance essential for continued access to EU consumers.
Conclusion
Non-EU retailers must proactively align with GPSR to maintain market access in the EU. By appointing an EU-based responsible person, ensuring product safety, and adhering to regulatory obligations, retailers can protect consumers and their business interests within the European market.
Ekotox GPSR webpage: https://ekotox.eu/eu-general-product-safety-regulation-gpsr/
Ekotox Chemicals management webpage: https://ekotox.eu/chemicals-management/
REACH Conference 2025: https://ekotoxtraining.com/events/reach-conference-2025/