Blog Post
11th October 2024
In today’s digital age, how we shop and how products are brought to market have drastically changed. The General Product Safety Regulations (GPSR) have undergone a significant overhaul, trying to keep pace with these changes and ensure consumer safety. This post explores these changes and new requirements.
The GPSR establishes a clear framework for product safety, placing specific obligations on those who manufacture, distribute, or make products available on the market. These key players are collectively known as Economic Operators.
The GPSR identifies several categories of economic operators, each with distinct responsibilities. Let’s break down these roles and their corresponding obligations.
At the heart of the product safety ecosystem lies the Manufacturer. Their primary duty is to ensure that products are designed and manufactured in accordance with the “general safety requirement”. All products placed on the market must be safe. This involves:
Online marketplaces have become increasingly important in the modern retail landscape. They act as digital platforms connecting consumers with traders selling various products. Examples of online marketplaces include Amazon Marketplace, Temu, eBay, AliExpress, and many others. Given their role in facilitating transactions and connecting consumers with products, the GPSR outlines specific obligations to ensure they contribute to product safety.
Online marketplaces are considered ‘providers of an intermediary service’. They are distinct from traditional retailers as they generally don’t hold their own stock or take legal ownership of the products sold through their platform. Instead, they provide the digital infrastructure for transactions to occur. However, this doesn’t exempt them from product safety responsibilities. The updated GPSR introduces several key obligations for online marketplaces:
An Authorised Representative acts on behalf of the manufacturer. They carry out specific tasks related to product safety as stipulated in a written mandate. Their responsibilities include:
Importers play a crucial role as gatekeepers, bringing products from outside the EU into the market. The GPSR places key obligations on importers to guarantee the safety of imported goods. These obligations include:
Distributors serve as the vital link between manufacturers or importers and consumers, making products available at the point of sale. Their obligations centre on maintaining product safety throughout the distribution process. They are responsible for:
A fulfilment service provider is a business that provides at least two of the following services: warehousing, packaging, addressing, and dispatching. They offer these services to other businesses, typically online retailers, but don’t own the products involved. However, it’s important to note this excludes postal services, parcel delivery services, and other freight transport services. Even though they don’t own the products, fulfilment service providers still have certain product safety obligations under the GPSR.
While the GPSR doesn’t place direct responsibility on fulfilment service providers for determining a product’s compliance with safety regulations, they are expected to exercise due care in handling the products entrusted to them. This includes:
The EU is committed to ensuring the safety of products sold within its borders. To achieve this, the European Commission has introduced the Safety Gate, a comprehensive platform designed to enhance product safety and protect consumers from potential risks.
The Safety Gate goes beyond the previous RAPEX system (the EU-wide rapid information exchange system for products found to pose a serious health and/or safety risk) by integrating three interconnected elements:
The Safety Gate represents a significant upgrade from the former RAPEX system, offering several key advantages:
Let’s take a closer look at the significant changes introduced by the Safety Gate:
Focusing on the UK, it now stands at a crossroads, holding the power to redefine its approach to product safety in a post-Brexit world. The newly tabled Product Regulation and Metrology Bill, born from the Office for Product Safety & Standards “Product Safety Review,” presents a unique opportunity to improve product safety for consumers and has just passed Second Reading in the House of Lords.
The act will enable OPSS and its ministers to create product safety legislation, as needed, based on emerging risks to consumer safety. But which path should the UK take?
Three distinct paths lie ahead. Each with its own potential benefits and drawbacks.
The first path is one of alignment with the EU’s General Product Safety Regulation (GPSR). This approach, mirroring the new regulations, offers familiarity and could ease trade with the EU, a significant trading partner. It ensures continued access to the Safety Gate system for rapid information exchange on dangerous products.
However, critics argue that merely replicating the GPSR might not be ambitious enough. Consumer groups and industry stakeholders within the EU, have highlighted several areas where the GPSR falls short, particularly in regulating online marketplaces and no controls on direct imports.
Aligning with the GPSR could mean inheriting these shortcomings, potentially leaving UK consumers vulnerable to dangerous products, particularly those slipping through the cracks of online marketplaces.
The second path embraces the principles of a free market, minimising regulatory intervention and relying on market forces to address product safety concerns. Proponents argue that this approach fosters innovation and competition, potentially leading to lower prices and greater consumer choice. Reduced regulatory burdens could be particularly beneficial for SMEs, allowing them to allocate resources more efficiently.
However, this path raises concerns about potential risks. A lack of robust oversight could embolden unscrupulous actors to prioritise profit over safety, potentially further flooding the market with dangerous products.
Critics argue that without adequate safeguards, consumers could bear the brunt of a reactive system that only addresses safety issues after harm occurs, rather than proactively preventing them.
The third path charts a bolder course, going beyond the GPSR and imposing stricter obligations on online marketplaces. This approach acknowledges the unique challenges posed by online platforms and the need for enhanced consumer protection in the digital age.
Proponents argue that placing greater responsibility on online marketplaces is essential to ensure a level playing field with traditional brick-and-mortar businesses. It mirrors the sentiments expressed by stake holders in Europe, advocating for proactive measures like online marketplaces verifying compliance with regulations and conducting more stringent product checks (fact checking) before permitting a product listing.
This approach could lead to a safer online marketplace, boosting consumer confidence and potentially reducing the number of dangerous products reaching UK homes.
However, this path is not without its challenges. Critics argue that imposing additional burdens on online marketplaces, especially smaller businesses traders navigating the complexities of online sales, could stifle innovation and increase costs.
The UK faces a pivotal decision. The path it chooses will shape the future of product safety for generations to come.
The debate is only just beginning, as highlighted by the 2nd debate in the House of Lords on the new Product Regulation And Metrology bill and summarised by The Ladder Association – views varied considerably.
It’s time for businesses, consumers, and policymakers to engage in a constructive dialogue to determine the best way forward – a path that balances economic growth, innovation, and, above all, the safety and well-being of UK citizens.
General Manager
John has worked in engineering and product design since leaving university with a First Class degree in Design Engineering. He has worked across a wide spectrum of products including super yacht hardware and security products.
Since 2007, he has worked in the work at height industry, spending over 10 years with the Youngman Group, latterly WernerCo. He led product development of ladders and towers, with a view to improving their quality and safety, and their manufacture, either by hand or on automated machinery. He then joined PASMA and the Ladder Association as Head of Technical Support, utilising his knowledge of the products and standards
Due to his background and experience, John is an expert member of many British and European standards committees for many access products, including EN 131 and EN 1004.
John oversaw the purchase, renovation and establishment of the Test & Research Centre, as a dedicated location for access equipment testing and certification. He has been General Manager since it opened in 2020.
34 Regal Drive, Soham, Cambridgeshire, CB7 5BE.
A UK-based Certification Body, Test Laboratory and training facility that specialises in access equipment.
A member of the British Measurement and Testing Association.
