EU/NI General Product Safety Regulations (GPSD / GPSR), Total Nightmare

[artofadornment]

A bit blindsided by this... for those who aren't aware, it's is a "new regulation to set safety and other requirements for all consumer products, regardless of whether product-specific regulations, directives, or standards exist". It will be required for all products shipped into Northern Ireland and EU starting Dec. 13 2024. Read: https://www.compliancegate.com/general-product-safety-regulation/

I make 95% of my own products (fashion jewelry) from parts I source from many different suppliers around the world. According to this, like everyone else selling overseas (I'm in Canada) I'll need a "Responsible Person contact" [according to Article 16 of the GPSR, products cannot be placed in the market unless there is an established economic operator in the EU/NI] to:

• check that the declaration of conformity, CE marking, and other technical documentations are in order and provided to the market surveillance authorities
• inform the market surveillance authorities about dangerous products and accidents
• ensure the necessary actions are taken to rectify any non-compliance issues
• provide documented evidence of the checks that were performed, if requested by the authorities

So does this mean that every supplier for each clasp, bead, pendant setting, jump rings etc. I use, I need to provide the original manufacturer's contact information in the listing AND either shipped with the product or labelled on the product, AND find someone over there who can back me up on all of this? Or am *I* the "manufacturer" (I think I am, I hope I am)?? Even I'm technically the manufacturer, this is a LOT of extra steps for every single product!

Sounds like a great way to stop small online businesses from selling overseas - but perhaps that's their intention? LOL

Anyway, this is awful news, because I like shipping worldwide - I've already had to drop several countries due to required packaging/recycling registration & associated costs. Advice, anyone?

[SocknRoll]

It really does feel like that's their intention. Honestly, what the hell is the point in all of this. I've been in online retail for over 10 years, and not one person has ever asked me for this information. It's companies taking more and more responsibilities of themselves, while also destroying smaller businesses. It's disgusting

[vimonial]

Hi,

the new regulation GPSR is hard for a lot of small online shops. For your case it depends on if you sell the complete product and manufacture it yourself, import it or sell single parts. These would all need different considerations to comply with the regulation. 

If you manufacture the products you can put yourself as manufacturer and need to provide a responsible person in the EU, if you want to sell to the EU.

If you need any assistance we have developed a free app https://apps.shopify.com/gpsr to stay compliant and list the manufacturer, CE marking information etc. in a compliant way on product pages and easily manage the data. Might be interesting for you.

Best! 

[SocknRoll]

Hey there,

Thanks for your comment!

So I take it with you having created your own app for GPSR, you have all the knowledge on the policy?

Maybe you can clarify some things for me, because this is where things get very complicated.

We are a reseller of several brands, mainly brands based in the US and EU itself.

I have contacted the brands to ask if they have acquired a representative within the EU, but they either came back to say  they aren't interested, or they don't think they have to have one, as it's only affected sellers in the UK.

So because of this, none of them will be getting representation within the EU. Also, because GPSR states the brand must do this, it means we can not do it ourselves.

What confuses things more is eBay's info on GPSR. They include something called "article 51", which states that any items already sold into the EU market, do not need any of this information added to the parcels.

I have contacted eBay 3 times now on this, hoping to get some info from someone, but they just all come back and repeat what GPSR is, and don't elaborate on article 51. They are just as clueless as anyone else.

What doesn't make sense, is if products sold into the EU market before Dec are basically exempt from this, how on earth do customs know which parcels need GPSR info on them, and which don't?

Unless customs are opening every single parcel, and checking the item in there and checking their database to see if it's already been sold into the EU market, how will they know which items fall under article 51, and which don't?

They could not answer this. I just said this all seems like a farse, making us input all this information, for them to not even bother checking it, and again, they just couldn't give me an answer.

Due to low sales, we haven't purchased any new stock this year, so effectively all our stock has been sold into the EU already, meaning according to article 51, we shouldn't even need a representitive and none of our parcels need the info on them.

But we know things are never that simple, which is why I am still trying to get a definitive answer on this.

If you can help clear up some of this confusion, I'd greatly appreciate it.

Thanks!

[artofadornment]

Honestly I think most people who locally source or make their own goods (myself included) will have no problem with most of the new rules... they know what their products are made of and where they came from etc., but it's the "responsible person in the EU" that poses the biggest hurdle. If we're not a big corporation with franchises/locations/affiliates overseas, nor have a dedicated customs broker who has been handling importation of our items over there for months or years who can vouch for us, how the heck can we possibly get a "responsible person" over there to represent us? No one knows who we are!!

I suspect this is more about finding new ways to collect money (no doubt a govt dept/industry of getting monthly fees for EU representation will magically crop up) and/or discourage international trade from anyone other than Big Box merchants without looking like "bad guys" (for what they would do otherwise, which is to charge huge tariffs to penalize trade from outside the EU). I can't believe I'm actually saying this but I find this to be underhanded and frankly cowardly on their part. I've been selling there (and everywhere) for 20 years and so I'm utterly disgusted, and have at least a few regular customers that are going to be royally angry too.

....

Specific to SocknRoll's point about Article 51:

The article says "Member States shall not impede the making available on the market of products covered by Directive 2001/95/EC which are in conformity with that Directive and which were placed on the market before 13 December 2024". It sounds a lot like "states cannot prevent the sale of any products already complying with safety requirements of the Directive if they were available for sale before Dec 13, 2024". [the Directive basically establishes safety standards]

But it's unclear if that means:

- "only totally new products introduced to the market after Dec 13 will be subject to the new rules, and everything prior will be grandfathered" or

- "any safety Directive-compliant stock that was listed for sale before Dec 13 will be grandfathered until they sell out and you have to restock them; also any totally new products will be subject to the new rules".

I hope it's the first one. But how do we prove it? How will they check??

Here is a link to that Ebay discussion, and honestly it just gets more infuriating.

....

So... are we going to have to ship products marked as "gifts" on the customs form, using our personal name instead of business name on the return address, as a workaround? Or just cut that entire market off, I guess?  sigh

[SocknRoll]

Hey there,

Sorry that I missed this response, and thanks for your reply!

That is what is confusing the hell out of me. How will they know which items are exempt as they've already been sold in the EU market?

It isn't like the custom label states the exact product, just the category code. I don't expect customs to open every parcel too, to determine which items are exempt or not.

It doesn't make any sense.

Like you, we were thinking of maybe sending orders as "gifts", but I think this applies to any items going into the country, not just business orders, so I'm not sure if it would work, plus I don't know if we could still apply the IOSS code on a gift, so that may result in customers paying import tax.

Because of this article 51 business, we are going to leave our listings available to the EU, and see what happens. See if we start getting a lot of returns, or if listings start getting removed.

January/February are our quietest times of the year, so it's the best time to test the waters and see what happens.

I honestly don't see how they will enforce this, when they are giving exceptions to previously sold items, so I feel like this is a threat to get sellers to comply and put them in check, but if they actually enforce it or not, god knows..

[falcieridesigns]

I had a look at article 51 on the GPSR site and I didn't understand any of what it said. It didn't seem to say that if you were already producing before 10th Dec that you would be exempt. It didn't seem to explain anything at all. 

[AnniP2023]

Would you know a source where I can find information regarding digital products? I search everywhere but could not find any clarification, if this new regulation also applies to digital products. I create / design my digital products and sell them worldwide, including the EU. I am based in Australia. 

I am really wanting to find out if this applies to physical products only or also to digital goods and services, for sellers based outside the EU. 

I mean how could my products harm a customes in any way, being digital? 

Thanks for your input. 🙂

[vimonial]

Hi Anni,

In the GPSR regulation the following products are specified as exempt in article 2:
Medicinal products (for human or veterinary usage)
Food and feed
Living animals and plants
Genetically-modified organisms and microorganisms
Plant and animal products related to their reproduction
Animal by-products
Products for plant protection
Travel equipment operated by a service provider for consumers’ riding purposes
Aircraft
Antiques
Hope this helps you.

[SDEmbroidery]

Hi, thank you.
I read the list of exemptions. I have the feeling that they did not consider the digital products at all. They have examples for physical products, but not for digital products. 
To be honest, I wouldn't be surprised if they didn't even think about these products in the markets. Watching what the EU is regulating or is planning to regulate is like sitting in a circus watching clowns (sorry). They are so out of this world with what they decide that it's hard to believe they do it to make the markets stronger and protect customers. 

Anyway, nothing we can do except following their games and rules. 

I am just wondering: if I am selling from my Australian webshop and a European customer is ordering a digital product with an instant download, am I an importer to Germany? Basically they came to me, I did not ship anything to Europe. Right?

[Osmium]

Hi,

 I had to make this account because I'm also dealing with that EU law thingy recently and wanted to share what I think may be a lead in your case.

I hope it helps, even though it's my interpretation, and I am not a lawyer. 

From what I understand, digital products are not "objects" and are indeed not mentioned in directive 2023/988. In definitions, we read the product is an item. It's only my interpretation, but it suggests a physical object. 

There is also directive 2019/770 that regulates digital market, and it's content. I am pretty sure that's what applies to you if you only trade in "digital" goods. 

It may apply if you for example print your arts which you then sell (that's what I deal with at the moment) as 2019/770 states that it may not apply if digital content is added to physical content.

[CocoLoco]

I read some Dutch government guidance which says that yes, it does cover digital products. Because they too can be dangerous (importing viruses etc) so have to comply with the overall intent of this regulation, which is to ensure that products are safe and fit for purpose.

[Osmium]

You are right. I just forgot to edit/delete my post as I recently found some more information on this case. I have seen that Dutch guidelines and started to dig into that. 

https://ec.europa.eu/safety-gate/#/screen/pages/obligationsForBusinesses

There is Q&A for gpsr as a downloadable pdf in first paragraph that states it does count digital items as well.

Thank you for correcting me and sorry I forgot about it.

[samarkanddesign]

And what do you suggest about finding a “Responsible Person” to verify one’s products?

[CocoLoco]

No doubt there will be a whole new industry of responsible people setting themselves up in business for this purpose, in the backstreets of Paris, Lisbon etc!

[TeemuEAS]

Dear Artofadornment, 

You do NOT have to disclose your manufacturers, consider yourself to be the manufacturer. We recommend, however, to request all relevant technical documentation they may have directly from them. Your product range sounds like it can be considered a single product type, saving you considerable money. 

The reason for GPSR is to stop the flow of rubbish via eastern marketplaces - but it does have an effect on everyone unfortunately. 

The good news is that we have just today released an affordable and quick GPSR Authorised Representative solution to supplement our tax compliance solutions: https://apps.shopify.com/eas-eu-compliance 

The registration link to EAS GPSR service can be found on our website. 

[artofadornment]

Thanks for the heads-up! As it turns out, the number of my annual sales to the EU/NI don't make the basic 139€ annual fee worthwhile, but it may be perfect for most other shops - I'm pretty small potatoes (total worldwide gross sales per month under $2000, with sales to Europe only 1 or 2 a month). The fact that you are offering to be the EU representative will be a game-changer for some folks. 🙂

[sid89]

@TeemuEAS are  GPSR Authorised Representative and GPSR Responsible Person (RP) the same requirement? By signing up to your product do I also satisfy the GPSR Responsible Person (RP) requirement?

[artofadornment]

The deadline of Dec. 13, 2024 swiftly approaches.

Is there any news yet on:

1.) how we prove our products were available to EU before that date? (how will the GPSR folks even be checking, I wonder?)

2.) if Shopify can somehow offer a "responsible person" located in EU & NI as a rep for their users' shops?

3.) if Shopify will offer a FREE (since it's requirement for EU market, period) app that will allow us to add the other requirements (safety info, etc) via the theme editor for product pages?

My apologies if #3 has already been done, I have yet to update my theme from 15.0 to 15.2.0.
Incidentally I've been getting more orders than usual from the EU, it's like they know what's coming. Normally I may get 1 or 2 a month, but I've already had 3 this week and 1 last week. Interesting.

[vimonial]

Hi Artofadornment, 
as far as we know:

1. Currently there is no clear legal guidance. One of the leading german lawyers are saying, that products offered before 13.12.2024 can be offered without GPSR Information. Source: https://www.it-recht-kanzlei.de/gpsr-online-kennzeichnung-produkte-uebergangsbestimmung.html#abschni...

2. We do not think Shopify will do this, as it also has legal consequences to be the responsible person. But maybe Shopify will provide a statement for that soon.

3. As far as we know there is currently no official Shopify implementation. We have developed an app exactly for that as we faced the same issue. It's free and manages compliance info in a bulk management way by using metaobjects. Might be interesting for you: https://apps.shopify.com/gpsr

[MongooseMatt]

Hi Vimonial,

Thank you for posting your thoughts here, we are looking at your EAS app.

Quick question on (3). Your app says you act as an 'Authorised Representative for GPSR'. Is that the same as the Responsible Person requirement for GPSR? If so, how is this being achieved given, as you say, there are potential legal consequences?

[vimonial]

Hi Matt, 
I think you are mixing up apps. Our app is called GPSR Compliance Manager. We are not acting as an responsible person. Our app lets you manage and display the required fields in a structured and compliant way. 

[SDEmbroidery]

The EAS app is a totally different app. You'll use it to let them 'collect' the VAT in the EU, so you only have to pay to them and not to a handful of different tax offices throughout the EU. I use EAS and it's great, makes life so easy. But it has nothing to do with the new GPRS regulation. 

[Matt_Grech]

EAS have set up a different app for GPSR which is separate from the IOSS app: https://easproject.com/gpsr/
We also use EAS for IOSS. We are waiting out to see how this GPSR plays out in the coming weeks/months before taking any action in this regard. Yesterday we sent out 3 parcels to the EU - 2 with EU products, 1 with S. Korea products - we'll see how the EU customs will handle them All items were previously available already in the EU so we'll see.

[DoggessArt]

I have a similar question, I am based in the EU but I make handmade dog tags from Resin and they are made of so many different parts (colours, resin, bezels, splitrings, foliage or flower etc) which in most cases I cannot even remember where I got them from (or bought off another small business), so am I the creator of the finished product? I am just worried about all the extra steps and how the hell this should be tested? I am only a small business with hand crafted items not making big money out of this and I would hate to have to close because of more admin and complications 😞 Can anyone help? 

[Osmium]

Hi, and warning, I’m writing long posts.
Yes, on paper you are a producer. I understand your concerns as I’m in a similar situation myself. Also, I’ve seen some new product development and risk assessments in my career, and they are always a pain. Personally, I can’t imagine applying them to small art or handcraft businesses but here we are.
I haven’t found much of help even though Gpsr, or directive EU 2023/988, says in point 41 of the preamble that
“In order for economic operators that are small and medium-sized enterprises (SMEs), including micro-enterprises, to be able to cope with the new obligations imposed by this Regulation, the Commission should provide practical guidelines and tailored guidance(…)”
Yes I went through most of it and even am trying to get some legal help, but local legislation is far behind, at least in my country so there are lots of interpretations right now.
For now, I would advise and what I’m going to do, is to look up the original text of this directive on Eur-lex, go to Chapter III, Section 1 Article 9, Obligations of manufacturers and try to apply as much as you can. Mostly focusing on points 5-7 – tracking numbers, contact data ect. I have some experience in risk assessments so I’ll try to at least write something up for points 1-4 – risks and safety. Of course, I strongly advise to read all of the obligations.
One more thing, this directive says it applies to products (physical things, not digital) that are NOT required to be under specialized harmonizing norm (like toys have 2009/48/EC for example). If another directive about the safety of a group of products applies (CE certification mostly), that one needs to be considered first,  and on top of that this one completes it adding requirements about serialization, reporting and data collection on incidents.
I doubt there will be some massive purge on day 1, rather slow evolution and maybe even help and changes to aid small businesses as in big companies they mostly have all of this done anyways.
I know it is a big post but hope my work and thoughts will be helpful to someone. Unfortunately there is also that thing about having a contact in EU. Doubt there is much to be done about this one atm, we have to wait and see how it going to unfold or use those shady “I’ll certify your product for gpsr for only x.99” sites 😞

[CocoLoco]

Sorry if this sounds picky - but it's a Regulation, not a Directive. The two are quite different instruments with different implications. The opening paras of the Regulation explain why the EP and the Council have chosen to issue a Regulation rather than a Directive. And by the way, Dutch gov guidance I read earlier states that it does indeed include digital products in its scope.

[Osmium]

Again You are right. 

It's a regulation. I'm just used to EU using directives and hear that statement a lot more.  I replied earlier as well it does count in digital products. 

[byteriver]

Here you can find a PDF Step-by-step Guide: How to implement Content alongside the new GPSR with Metafields in Shopify free of charge. The PDF is free.

[EaseCert]

Hey! These are great questions, and you’re definitely not alone in trying to figure out the details of GPSR. Here’s what I can share based on current guidance:

1️⃣ Product Testing – Whether you need to conduct your own testing depends on the final product and its intended use. If you’re using pre-tested materials (like inks with MSDS), you may not need additional testing, but you should still ensure that the final product meets general safety requirements. For example, if your prints include coatings or finishes that could pose a risk (e.g., flammability, skin contact issues), additional testing might be necessary. More details on compliance requirements are available at EaseCert.com.

2️⃣ Warnings – If there’s no specific hazard associated with your product when used as intended, a general safety statement should suffice. The key is to consider any foreseeable misuse—so while “don’t get a paper cut” might be excessive, something like “Not suitable for children under 3 due to small parts” (if applicable) would be more relevant.

3️⃣ Packaging & Labelling – The responsible economic operator’s name and address must be included, but it doesn’t necessarily have to be on the outer packaging. It can be on the product itself, the accompanying documentation, or the packaging—whichever is most practical. For compliance details, you can check EaseCert.com for guidance on labeling and documentation.

It’s a lot to navigate, but hope that helps! 🚀

[EaseCert]

You’re absolutely right—GPSR is adding a big compliance burden, especially for small businesses that source materials from multiple suppliers. Since you assemble and create the final jewelry pieces yourself, you would typically be considered the manufacturer under GPSR, which means you’re responsible for ensuring compliance.

Here’s what that means for you:

🔹 Responsible Person (RP) – If you’re selling into the EU/NI, you’ll need an EU-based RP to handle compliance documentation, report safety issues, and liaise with authorities. This can be a third-party compliance service, a distributor, or a fulfillment partner that offers this service.

🔹 Supplier Documentation – You don’t necessarily need to provide supplier details in listings, but you must ensure that all components meet EU safety standards. If suppliers provide declarations of conformity, safety test reports, or material composition details (e.g., nickel content in metals), keep these on file.

🔹 Labelling & Documentation – The product itself or packaging must include your name/address (or that of your RP), along with any relevant safety warnings or compliance markings.

It’s definitely a lot, and unfortunately, compliance costs hit small sellers hardest. If you’re looking for a service to help navigate this, EaseCert.com specializes in GPSR compliance, documentation, and EU RP services.

Let me know if you need more details—you’re not alone in this! 💡

[EaseCert]

We understand how overwhelming the new General Product Safety Regulation (GPSR) requirements can feel, especially for small businesses like yours. Here’s some clarity on your concerns:

✔ Are you the manufacturer?
Yes! Since you assemble and sell finished fashion jewelry under your own brand, you are considered the manufacturer under GPSR. This means you are responsible for ensuring compliance, not each individual supplier of beads, clasps, etc.

✔ Do you need a Responsible Person (RP)?
Yes, if you are shipping to the EU or Northern Ireland, you must appoint an EU-based Responsible Person to handle compliance checks, documentation, and reporting to authorities if needed. This does not have to be a distributor; specialized compliance services (like ours) can act as your RP.

✔ What product documentation is needed?
Since you’re the manufacturer, you must:

• Maintain traceability records (e.g., supplier invoices for parts)
• Ensure your products meet relevant safety standards
• Provide a Declaration of Conformity (DoC)
• Label products with your name, address, and RP contact details

While this adds complexity, it’s not impossible for small businesses—you just need a structured compliance approach. EaseCert helps streamline this process by providing Risk Assessments, Compliance Documentation, and Responsible Person Services, so you can continue selling internationally with confidence.

📩 Feel free to reach out—we’re here to help! Visit EaseCert.com for a simple, hassle-free compliance solution. 🚀

[EaseCert]

FYI, here's the latest status:

The European Union has introduced the General Product Safety Regulation (GPSR), which replaces the previous General Product Safety Directive (GPSD). This regulation came into full effect on December 13, 2024, and applies to all consumer products placed on the EU market, including those imported from countries such as the United States, Canada, the UK, Switzerland, and Australia.

For importers and manufacturers selling goods in the EU, it is essential to understand the expanded obligations under the GPSR to ensure compliance and maintain market access.

Key Updates Under the GPSR

1. Expanded Scope and Definitions

• A manufacturer is defined as a company that produces or commissions the production of a product and markets it under its name or trademark.
• An importer is an entity established within the EU that places products from third countries onto the EU market.
• The GPSR broadens the definition of “safe products”, emphasizing that safety considerations must account for foreseeable misuse, evolving functionalities, and other threats.

2. New Risk Analysis and Technical Documentation Requirements

• Manufacturers / importers must conduct a comprehensive risk assessment and prepare technical documentation that demonstrates the product’s safety.
• Importers must retain copies of this technical documentation and ensure manufacturers have conducted proper risk assessments.
• Records must be kept for at least 10 years after a product is placed on the market.

3. Introduction of the “EU Responsible Person” Requirement

• Non-EU manufacturers must designate an EU-based Responsible Person who will act as a point of contact for compliance and product safety issues.
• This entity can be an authorized representative, importer, distributor, or fulfillment service provider.
• The Responsible Person is required to hold access to technical documentation and cooperate with EU regulators.
• An EU Authorised Representative can act as Responsible Person.

4. Stronger Product Traceability and Labeling Obligations

• All products must carry a serial number or equivalent identifier that is visible and legible.
• A manufacturer’s or importer's name, registered trade name, and a physical and electronic address must be clearly displayed on the product or its packaging.
• QR codes cannot replace required physical labeling.

5. Enhanced Market Surveillance and Online Marketplace Compliance

• Online marketplaces must verify that third-party sellers comply with EU safety regulations.
• Operators of an online marketplace in the EU Market, for example a Shopify store, are required by law to register their business with the Safety Gate Portal. Registration ensures compliance with EU regulations and facilitates communication with national market surveillance authorities.
• Importers and manufacturers distributing via e-commerce must ensure their products meet the same safety requirements as those sold in physical stores.
• National authorities will have increased powers to conduct market surveillance and enforce compliance, including product recalls and penalties.

Compliance Checklist for Importers and Manufacturers

To ensure a seamless transition into the new GPSR framework, businesses should take the following steps:

1. Register at the EU Safety Gate: This registration is mandated by GPSR to ensure better communication and compliance with safety requirements.
   
   
2. Appoint an EU-Based Responsible Person: If you are a manufacturer outside the EU, designate a responsible person who can store technical documentation and liaise with authorities. An EU Authorised Representativecan act as Responsible Person.
   
   
3. Ensure Full Product Traceability: Implement batch tracking and serial numbering systems to facilitate recall management and regulatory compliance.
   
   
4. Conduct a GPSR Risk Assessment: Ensure your products comply with EU safety regulations, addressing foreseeable risks and potential misuse.
   
   
5. Update Packaging and Labeling: Confirm that all required identification details (manufacturer / importer name, address, and contact information) are correctly displayed.
   
   
6. Prepare for Enhanced Market Surveillance: Maintain 10-year records of compliance documentation and be ready to provide them to regulators upon request.
   
   
7. Adapt for E-Commerce Compliance: If selling via Amazon, eBay, or other platforms, ensure that all listings meet EU safety regulations.
   
   
8. Monitor EU Regulatory Updates: Keep track of additional guidance from the European Commission and adjust compliance strategies accordingly.

Penalties for Non-Compliance

Failure to comply with the GPSR can result in:

• Product bans or recalls
• Fines and legal action
• Loss of market access in the EU
• Reputational damage for non-compliant brands

Final Thoughts

The GPSR represents a significant shift in EU product safety laws, particularly for importers and manufacturers from third countries. By proactively updating compliance strategies, businesses can avoid costly penalties and ensure a smooth transition into the new regulatory landscape.

For more insights or assistance in navigating the GPSR, stay updated through industry portals and the European Commission’s official channels.

Learn More About GPSR:

• EU Product Safety and GPSR Overview
• General Product Safety Regulation (2023) – EU Summary
• EU Safety Gate – RAPEX Alerts for Dangerous Products