How does the GPSR differ from the GPSD?

The GPSR introduces several significant changes for economic operators compared to the previous General Product Safety Directive (GPSD):

Expanded scope of product safety:

The new regulation expands the range of products to cover more categories, including products that include software and artificial intelligence.

Strengthened market surveillance:

The regulation enhances cooperation between national market surveillance authorities of the EU Member States. It also requires economic operators to cooperate with the market surveillance authorities and to follow their instructions.

Extended traceability requirements of the regulation make it easier to identify products and the parties responsible for product safety.

Manufacturers and exporters that are not located in the EU, but sell to end users in the EU are required to designate an economic operator in the EU to act as its ‘EU Responsible Person’

Risk assessment:

The regulation clearly requires manufacturers to conduct risk assessments for their products. It also provides guidance what should be taken into when assessing the safety of product. Market surveillance authorities have already announced that they will require economic operators to provide the risk assessment document.

Increased economic operator responsibilities:

The regulation extends the obligations of economic operators and aligns it with other EU legislation, in particular Regulation 2019/1020. For more details on the obligations see the relevant sections in this guide.

Traceability:

The product must bear a number, code or other element allowing for its identification. Also, the product must indicate the name and postal address of the manufacturer and the importer or EU Responsible Person. This information shall be placed on the product. Only where that is not possible, for example due to the product size or the material it is made of, it may be included on the packaging or in a document accompanying the product.

Inform to authorities about dangerous products:

If they have reason to believe that the products in their possession are dangerous, the manufacturer, importer and distributor are obliged to immediately inform the market surveillance authorities in the EU Member States the product is made available. They also are not allowed to place the product on the market or make it available