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Do you sell consumer products into the EU market? New product safety rules are on the way.

If your business sells consumer products into the EU market – including products manufactured outside the EU, but targeting EU consumers – then the new EU General Product Safety Regulation may apply to you.

What is the EU General Product Safety Regulation (GPSR)?

The GPSR was passed in June 2023, and will come into full effect in December 2024 (after an 18-month transition period).

The GPSR will replace the existing EU General Product Safety Directive (GPSD). The replacement of the GPSD with the GPSR aims to:

• address challenges linked to new technologies and online sales;
• improve the effectiveness of product safety recalls;
• harmonise and improve the effectiveness of market surveillance activities; and
• more consistently apply the safety rules for food-imitating products across the EU market.

What are the key requirements?

In short, the GPSR will set out the basic, general rules to be followed for the safety of products placed on or made available in the EU market, intended to be used (or which could be used) by consumers.  The “general” GPSR will be read subject to any specific safety legislation applying to products in the EU. It will capture both physical and online sales.

The GPSR will introduce new requirements aimed to enhance the protection of consumer health and safety. These will include:

• undertaking pre-market risk assessments;
• preparing and retaining specific technical documentation about the products;
• specific product labelling and documentation requirements, including product usage instructions and safety directions;
• “adverse event” reporting requirements;
• appointment of a “responsible person” in the EU to ensure cooperation obligations are met and regular safety checks carried out; and
• requirements for product safety recall action.

The GPSR will have extra-territorial application, and may therefore be applied to Australian-based businesses, even where the business is not physically located in the EU.

MK can help

Businesses will need to consider the new EU GPSR early, to allow sufficient time to:

• prepare any required technical documentation;
• conduct any required pre-market assessments;
• design and source new product packaging, labelling and associated documentation; and
• source and appoint a suitable “responsible person”.

For further advice and assistance, contact our expert Trade team at Macpherson Kelley.

The information contained in this article is general in nature and cannot be relied on as legal advice nor does it create an engagement. Please contact one of our lawyers listed above for advice about your specific situation.