Navigating the New Landscape of EU Product Safety: Insights from Mah Soon Sin

As the European Union rolls out its strictest product safety rules, understanding the implications is crucial for exporters, especially those from outside the region. Mah Soon Sin, head of legal for product compliance, intellectual property rights, and marketing for the US and Latin America at AliExpress, provides a detailed analysis of the General Product Safety Regulation (GPSR) which is becoming more pivotal for businesses aiming to access the European market.

The Essence of GPSR

The GPSR, effective from December 13, 2024, is being likened to the General Data Protection Regulation (GDPR) in its significance for consumer rights. While the GDPR focuses on protecting personal data, the GPSR is aimed at ensuring the safety of consumer goods sold within the EU. This regulation represents a significant shift in the legislative landscape, officially replacing the 2001 General Product Safety Directive (GPSD).

Transition from Directive to Regulation

One of the most notable changes brought about by the GPSR is the elevation of the legal framework from a directive to a regulation. Unlike directives, which allow EU member states the flexibility to determine their own legislative approaches, regulations are binding and must be applied uniformly across all member states. This mandated consistency demonstrates the European Commission’s commitment to standardizing safety requirements and protecting consumer rights effectively.

Scope of the Regulation

The GPSR applies to a wide variety of non-food consumer products, spanning sectors from electronics and textiles to toys and home furnishings. Notably, the regulation does not cover food items, medicinal products, living entities, and their derivatives, antiques, or aircraft components. This extensive scope ensures that both online and offline sales of new, used, and refurbished goods fall under the GPSR, presenting a comprehensive framework for product safety.

In Northern Ireland, compliance with the GPSR is particularly crucial due to the Northern Ireland Protocol, which requires the application of EU rules on many goods to maintain regional stability.

Compliance and Its Importance

For Chinese manufacturers looking to export to the EU and Northern Ireland markets, understanding and adhering to GPSR requirements is non-negotiable. Analyzing the numbers from China’s 2024 Statistical Communique reveals that exports to the EU reached approximately RMB3.67 trillion (USD 511.9 billion), making adherence to these regulations critical for continued market access and success.

Key Responsibilities of Economic Operators

The GPSR distinctly outlines the roles of various stakeholders involved in the distribution and sale of goods. The responsibility for compliance predominantly falls on “economic operators,” which include manufacturers, importers, distributors, and any fulfilment providers involved in bringing products to market.

For manufacturers based outside the EU, like many Chinese companies, appointing an EU-based authorized representative is a crucial step in meeting compliance requirements. However, simply doing so is inadequate; manufacturers face stringent obligations under the GPSR that extend well beyond this first step.

Obligations for Manufacturers

Receiving EU market access comes with a wealth of responsibilities. Manufacturers must conduct comprehensive risk assessments and maintain technical documentation for each product, which must be readily available for EU audits for at least ten years. This documentation must prove that products meet safety requirements and are traceable.

Traceability mandates clear and visible markings on products, including company name, contact details, and product identifiers. In cases where size or nature makes direct labeling challenging, this information must be conveyed through packaging or accompanying documentation, a requirement that adds to the complexity of compliance.

Communicating Safety Information

Clear communication with consumers is another fundamental aspect of the GPSR. Products must come with user manuals and safety information in languages that are accessible to consumers in the relevant EU markets. This presents a challenge for manufacturers as they navigate language diversity across member states, ensuring that the right information reaches consumers in countries where English is not the primary language, such as Spain, France, Poland, and Germany.

Final Thoughts on Adherence

As the EU reinforces its product safety framework through the GPSR, compliance remains a vital aspect for exporters. It is essential for manufacturers, particularly those from outside the EU, to not only understand these regulations but also to implement the required practices effectively. Through proactive compliance, businesses can help ensure their products reach consumers safely and responsibly, paving the way for success in the competitive European market.