Do I need to comply with the GPSR regulation when selling and shipping products to EU retailers?

What is the GPSR regulation?

The General Product Safety Regulation (GPSR) is a consumer safety regulation for products entering the EU, ensuring they are safe for end consumers in the product supply chain and can be tracked back to the manufacturer.

The regulation requires businesses who are not established in the EU and are exporting products which fall under GPSR to have an EU responsible person (which could be an authorized representative, importer, or fulfillment service provider), and comply with additional packaging requirements to ensure the product is traceable for the end customer. The GPSR does not apply to the Faire platform and does not affect how your product is listed on Faire, but it might affect how your product will need to be packaged when shipped to retailers in the EU.

Please note that in the context of products sold through the Faire Marketplace, the end customer is not the EU retailer purchasing on Faire, but the customer who then purchases the product from the EU retailer.

The information provided in this article is not legal advice, and Faire can not offer legal guidance. This article is solely for educational purposes. As a B2B wholesale marketplace, Faire is not directly impacted nor made liable by the GPSR regulation. This article was created in November 2024 and may not reflect subsequent changes to EU regulations. For detailed and tailored advice, we strongly recommend consulting a qualified legal advisor.

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Does this regulation impact how my product is listed on Faire?

No. The GPSR does not apply to business-to-business online platforms like Faire, but it can apply to other online platforms that sell directly to consumers. Because Faire is strictly B2B, there are no changes required for product listings on the Faire marketplace in relation to this regulation. Additionally, because the GPSR requirements apply to the physical packaging of your products, editing your digital B2B listings on Faire will not help fulfill the requirements.

GPSR compliance will primarily require designating an EU responsible person and complying with additional labeling and packaging requirements to ensure GPSR compliance is clear and traceable for the end customer.

For further guidance, we recommend consulting your own legal advisors to confirm your specific obligations under the regulation.

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Do I need to take steps to comply with GPSR?

Determining if your products are impacted by the GPSR can be fact-specific, and we recommend consulting your own legal advisors to confirm your specific obligations under the regulation.

The GPSR is a catch-all regulation that is meant to apply to consumer products that are not already covered by other EU regulations. The GPSR likely applies to your product if (1) you are a brand based and established outside the EU and are exporting products to EU retailers, and (2) your product is not separately regulated by an EU regulation such as those affecting the product types identified in the section immediately below. The steps you need to take will depend on your role in the supply chain, and will vary depending on whether you manufacture your own products or source pre-manufactured products from a third party.

• If you manufacture your own products, learn more here.
• If you source pre-manufactured products from a third party, learn more here.
• If your product listings include a mix of both products you manufacture and pre-manufactured products you source from third parties, please consult both sections.

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What does it mean to be established in the EU, in the context of GPSR?

In the context of GPSR compliance, “established” refers to having a legal presence within the European Union (EU) or European Economic Area (EEA).

This typically means having a registered entity (such as a company, office, or representative) that operates under EU laws and regulations. It is not necessarily related to tax residency, but rather to the ability to fulfill regulatory obligations within the EU.

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What products are not impacted by GPSR requirements?

The GPSR is a catch-all regulation intended to cover consumer products that are not governed by specific EU product compliance regulations. As a result, it is not always clear what products are affected by the GPSR, except that Article II of the GPSR explicitly excludes the following categories of products:

• Medicinal products for human and veterinary use;
• Food;
• Feed;
• Living plants and animals, genetically modified organisms and genetically modified microorganisms in contained use, as well as products of plants and animals relating directly to their future reproduction;
• Animal by-products and derived products;
• Plant protection products;
• Equipment on which consumers ride or travel where that equipment is directly operated by a service provider within the context of a transport service provided to consumers and is not operated by the consumers themselves;
• Aircraft; and
• Antiques

For other categories of products, it can be more complicated to determine if the GPSR applies. The GPSR will typically apply to the extent that there is not already an EU safety regulation for that product category – although it is also possible that both the GPSR and a different EU safety regulation could apply to different aspects of a single product. The following categories of products are already covered by corresponding EU regulations

Note that over half of the product categories these regulations apply to are not permitted to be sold on the Faire marketplace, and this list may be incomplete and is provided for informational purposes only. For a more complete list of EU regulated product types, see the European Commission’s list of Harmonised Standards.

• Food products
• Plant products
• Organic production of products
• Construction products
• Non-automatic weighing instruments
• Fertilizing products
• Pesticide application equipment
• Textiles
• Machinery – examples could include lawn mowers, power drills, and other motorized tools.
• Radio equipment – Includes a broad range of devices that communicate wirelessly via radio frequencies. (Examples: Smartphones, Wi-Fi routers, Bluetooth devices, and walkie-talkies, broadcasting equipment, drones with communication capabilities, and wireless security systems, sensors, etc.)
• Cosmetic products
• Low voltage products
• Toys
• Electromagnetic Compatibility (EMC) – Includes products that emit electromagnetic radiation (such as radios, TVs, smartphones, Wi-Fi devices, and industrial electronics).
• Pressure equipment – Includes equipment such as boilers, pressure cookers, industrial storage tanks, piping systems, and certain heating systems.
• Measuring instruments – examples include Bathroom scales, kitchen scales, thermometers, energy meters, fuel dispensers, water meters, industrial weighing systems, and pressure gauges.
• Recreational craft and personal watercraft
• Personal protective equipment – includes safety gloves, goggles, face masks, and helmets for cycling or sports, Respirators, hearing protection, safety harnesses, and protective footwear.
• Explosives
• Chemical substances (REACH and RoHS)
• Equipment for explosive atmospheres
• Medical devices
• Simple pressure vessels
• Pyrotechnic articles
• Gas appliances

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I manufacture my own products, what steps should I take under GPSR?

If you manufacture the products you export to the EU, and are not established in a country in the European Union or European Economic Area, you are required to:

1. Ensure your product is generally safe for consumers. The full list of criteria to consider is listed in Article 6 of the GPSR.
2. Ensure you have an EU responsible person in the EU, which could be an authorized representative, importer, or fulfillment service provider. To understand how to designate an EU responsible person, you can refer to Chapter 3 of the European Commission Blue Guide on the Implementation of EU Product Rules (PDF).
   1. You can hire certain European companies to act as your authorized representative or fulfillment service provider.
3. Ensure your product labeling and packaging for all products subject to GPSR is compliant: To ensure your product labeling and packaging complies with the GPSR regulation, you should include specific information directly on the product or (if not possible on the product) its packaging or in accompanying documentation. Learn more by visiting the European Commission website and consulting a legal advisor. This information must be clear, legible, and easily accessible to consumers. The required details typically include:
   1. Manufacturer’s name or trademark and postal and electronic address: This identifies the entity responsible for the product.
   2. The EU responsible person’s name and address.
   3. Product reference or model number: This helps in identifying the specific product.
   4. Batch or serial number: This aids in traceability, especially in case of recalls.
   5. Warnings and safety instructions: Any necessary information to ensure safe use of the product, in a language that can be easily understood by consumers.
4. Conduct an internal risk analysis and develop technical documentation with a description of the product, an analysis of possible risks and solutions to mitigate the risks posed by the product, and a list of any relevant European standards. Keep the technical documentation up to date and retain it for up to 10 years after the product was first placed on the market, making it available to European market surveillance authorities at their request.
5. Maintain communication channels for consumers to submit complaints or report accidents or safety issues (e.g., phone, email, or website forms). Investigate any complaints and keep an internal listing of complaints, accidents, recalls, and corrective measures.
6. Cooperate with market surveillance authorities to eliminate or mitigate risks. If a product is determined to be dangerous, immediately take corrective measures as appropriate (including withdrawing or recalling the product if necessary), inform consumers, and inform market surveillance authorities through the Safety Business Gateway. Also inform retailers, online marketplaces, or other responsible persons in the supply chain.

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I source pre-manufactured products, what steps should I take under GPSR?

If you source the products you export to the EU from a third party, and your products are regulated under GPSR, you are required to:

1. Ensure the product is generally safe for consumers. The full list of criteria to consider is listed in Article 6 of the GPSR.
2. Verify the manufacturer of the products you are sourcing has an established point of presence in the EU, which could be an authorized representative, importer, or fulfillment service provider.
3. Confirm the products you are sourcing, if subject to GPSR, have compliant labeling and packaging – To ensure product labeling and packaging complies with the GPSR regulation, the manufacturer is responsible for including specific information directly on the product or (if not possible on the product) its packaging, or in accompanying documentation. Learn more by visiting the European Commission Blue Guide on the Implementation of EU Product Rules (PDF) and consulting a legal advisor. This information must be clear, legible, and easily accessible to consumers. The required details typically include:
   1. Manufacturer’s name or trademark and postal and electronic address: This identifies the entity responsible for the product.
   2. EU responsible person’s name and address.
   3. Product reference or model number: This helps in identifying the specific product.
   4. Batch or serial number: This aids in traceability, especially in case of recalls.
   5. Warnings and safety instructions: Any necessary information to ensure safe use of the product, in a language that can be easily understood by consumers.
4. Conduct an internal risk analysis and develop technical documentation (or request such documentation from the manufacturer) with a description of the product, an analysis of possible risks and solutions to mitigate the risks posed by the product, and a list of any relevant European standards. Keep the technical documentation up to date and retain it for up to 10 years after the product was first placed on the market, making it available to European market surveillance authorities at their request.
5. Maintain communication channels for consumers to submit complaints or report accidents or safety issues (e.g., phone, email, or website forms). Investigate any complaints and keep an internal listing of complaints, accidents, recalls, and corrective measures.
6. Cooperate with market surveillance authorities to eliminate or mitigate risks. If a product is determined to be dangerous, immediately take corrective measures as appropriate (including withdrawing or recalling the product if necessary), inform consumers, and inform market surveillance authorities through the Safety Business Gateway. Also inform the manufacturer, retailers, online marketplaces, or other responsible persons in the supply chain.

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What if I’m an EU established brand?

If your business is established in the EU or European Economic Area (EEA)—meaning you have a registered entity or operational presence within an EU member state— and your products are regulated under GPSR, you are subject to certain obligations under the General Product Safety Regulation (GPSR).

As an EU-established brand:

1. Ensure your product is generally safe for consumers. The full list of criteria to consider is listed in Article 6 of the GPSR.
2. You will, in principle, be considered the EU responsible person for ensuring compliance, and you therefore do not need to appoint and EU responsible person.
3. Ensure your labeling and packaging for all products subject to GPSR is compliant: To ensure your product labeling and packaging complies with the GPSR regulation, you should include specific information directly on the product or (if not possible on the product) its packaging or in accompanying documentation. Learn more by visiting the European Commission website and consulting a legal advisor. This information must be clear, legible, and easily accessible to consumers. The required details typically include:
   1. Your name or trademark and postal and electronic address: This identifies the entity responsible for the product.
   2. Product reference or model number: This helps in identifying the specific product.
   3. Batch or serial number: This aids in traceability, especially in case of recalls.
   4. Warnings and safety instructions: Any necessary information to ensure safe use of the product, in a language that can be easily understood by consumers.
4. Conduct an internal risk analysis and develop technical documentation with a description of the product, an analysis of possible risks and solutions to mitigate the risks posed by the product, and a list of any relevant European standards. Keep the technical documentation up to date and retain it for up to 10 years after the product was first placed on the market, making it available to European market surveillance authorities at their request.
5. Maintain communication channels for consumers to submit complaints or report accidents or safety issues (e.g., phone, email, or website forms). Investigate any complaints and keep an internal listing of complaints, accidents, recalls, and corrective measures.
6. Cooperate with market surveillance authorities to eliminate or mitigate risks. If a product is determined to be dangerous, immediately take corrective measures as appropriate (including withdrawing or recalling the product if necessary), inform consumers, and inform market surveillance authorities through the Safety Business Gateway. Also inform retailers, online marketplaces, or other responsible persons in the supply chain.

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Can Faire recommend third party compliance services?

Faire has identified the following third-party providers who offer GPSR compliance services for businesses, including the appointment of an EU-based Responsible Person:

1. Cert-Rep provides services including the use of a registered address within the EU, collection and storage of product documentation, acting as an official contact address and mediator for EU authorities, and coordination of complaints handling and incident reporting.

To use this service:

1. Go to https://cert-rep.com/?ref=voo9xeePhaBe8ohx
2. Select ‘Start Now’ & follow the steps to get started
3. Cert-Rep has provided a 30% discount for Faire customers. When using this link to book the service, you will be charged with the discounted price in the checkout step.

2. ​24hour-AR provides services including the use of a registered EU address, collection and storage of product documentation, acting as an official contact point and mediator with EU authorities, coordination of complaints handling and incident reporting, legal consultancy, comprehensive CE/UKCA marking support, testing, and the creation of legally compliant user manuals.

To use this service:

1. Go to www.24hour-ar.com/faire
2. 20% off will automatically apply off their services

Please note that Faire identified these providers only to expedite and assist you in finding someone who may be able to help you comply with EU product safety laws. There are other businesses that provide similar services. For any provider you may choose to work with, it is important for you to review their offerings and confirm their services are right for you. Faire is independent from these providers and is not responsible for the quality of their work.

For detailed and tailored advice, we strongly recommend consulting a qualified legal advisor.