Further to last week's post about how the EU update to the General Product Safety Directive will affect online sales from the UK to the EU and Northern Ireland, this week I answer some of the most commonly asked questions about how it will impact British exporters who sell direct.
I'll need to split the information over 2 posts so if I don't cover what you're interested in today make sure you tune in next week.
What are the practical implications of this year’s update for manufacturers?
The General Product Safety Directive update will affect UK manufacturers that export to the EU and Northern Ireland, with new rules covering most non-food consumer products, such as clothing, furniture and home accessories.
The new regulations outline the obligations of online marketplaces, update the requirement for a responsible person based in the EU and update labelling requirements.
Will the UK also be updating its regulations?
The General Product Safety Regulations 2005 will continue to apply in Great Britain for the time being, but the UK government is in the process of updating the legislation.
Who does GPSR apply to – which products/industries and which manufacturers?
The legislation will align market surveillance rules for non-harmonised products with existing rules for harmonised products. Harmonised products are those that carry the ‘CE’ mark and are covered by other legislation and directives, such as the Toy Safety Directive or the Medical Devices Directive.
Non-harmonised products that are covered under the new GPSR include consumer goods, such as clothes, shoes, furniture and home accessories, which account for one third of non-food products on the EU market.
GPSR does not cover medicinal products, food, feed, animal by-products or services. Antiques are also excluded from the scope of the regulation.
How does third-party responsibility work within GPSR?
A UK manufacturer or distributor that exports products to the EU or NI must appoint an EU-established ‘Responsible Person’, who is responsible for placing the products on the EU market.
A Responsible Person can be a manufacturer or brand, importer, authorised representative appointed in writing by the manufacturer, or a fulfilment service provider, if there is no manufacturer, importer or authorised representative in the supply chain.
The responsible person is required to collect the products’ declarations of conformity or performance and ensure this documentation is available from the manufacturer in a language understood by the relevant authority. They must cooperate with the market surveillance authorities and ensure the manufacturer takes any necessary actions as a result of non-compliance issues with the product.
They must also include the Responsible Person’s contact information, including the postal address and email on the product, its packaging, the parcel or an accompanying document, so that consumers can raise any product safety concerns with the local contact.
