The new General Product Safety Regulation (Regulation (EU) 2023/988 – GPSR) aims to address the risks posed by new technology and to close regulatory gaps in the EU’s fragmented product safety regime. Here, Lachlan Nisbet and Charlotte McRae explore the impact of the GPSR for gun traders and online marketplaces.
GPSR — modernising safety
The GPSR came into force on 12 June 2023 and is applicable to businesses and regulatory bodies from 13 December 2024. It’s set to enhance the protection of EU consumers against hazardous non-food products sold both offline and online, including firearms.
Given that the regulation applies to all non-food products and all sales channels, it provides a safety net for products or risks not covered by other EU legislation as well as new products that might be placed on the market in the future. It also modernises the EU general product safety framework to address new challenges posed by tech. While the GPSR applies to certain consumer products, in practice it doesn’t introduce substantive new obligations where there is existing product-specific regulation already in place.
For example, under existing legislation firearms, and their parts, components, accessories or ammunition continue to be controlled strategic goods. Other than via an exception a licence is required to export any controlled firearms from the UK to another country. A separate licence is also required from the Arts Council to export firearms which are over 50 years old and valued over a certain threshold.
That said, the GPSR marks a significant step towards enhancing product safety and ensuring consistent enforcement across the EU, benefiting both consumers and businesses. It is particularly significant for UK companies that sell products to consumers in the EU and Northern Ireland.
Key provisions relevant to the UK firearms and shooting industry
The GPSR requires economic operators — including those outside the EU — to appoint a ‘responsible person’ based in the EU to ensure that technical information, instructions for use and safety information are available. The regulations also expand the definitions of “product” and “safety” to include emerging digital technologies as well as addressing safety challenges associated with evolving technologies, ensuring products remain safe throughout their lifespan.
New duties for online marketplaces to prevent the sale of dangerous products
The regulation establishes specific product safety requirements for providers of online marketplaces so that consumers are protected whether they shop online or in physical stores. Providers of online marketplaces have new duties to prevent the sale of dangerous products — including cooperating with market surveillance authorities (MSAs) if a dangerous product is found on their platform — and establishing a single point of contact for product safety. MSAs can require online marketplaces to remove dangerous products or disable access to their listings.
New criteria for product risk assessments mean that manufacturers must conduct a risk assessment before placing a product on the EU market, considering new criteria such as gender-related differences, risks to vulnerable consumers, interconnection with other products, cybersecurity and the product’s evolving functionalities. For complex products, this could involve significant time and expense.
Market surveillance — reporting accidents, managing complaints and product recalls
Communication between consumers, businesses, national authorities and the European Commission is intended to be improved under the regulations. The GPSR emphasises the importance of reporting accidents, requiring economic operators to notify the relevant authority via the Safety Gate system without undue delay after becoming aware of an accident. If the manufacturer isn’t based in the EU, its ‘responsible person’ must report the accident.
Additionally, rules relating to investigations and record keeping of complaints are tightened under the regulations. Economic operators may need to establish a traceability system for products that present serious health and safety risks. The GPSR creates a unified market surveillance regime for all products and aims to improve the effectiveness of product recalls, entitling consumers to a repair, replacement or refund and allowing them to choose between at least two of these remedies.
Enforcement
Overall, the GPSR seeks to ensure better enforcement of product safety rules and market surveillance, protecting diligent companies against rogue traders.
Impact on Northern Ireland and the UK
Following Brexit, Northern Ireland continues to align with EU product safety rules. This means that there will be differences between product recall requirements in Northern Ireland and Great Britain, which will increase once the GPSR applies. The GPSR will apply to Northern Ireland under the Northern Ireland Protocol, as amended by the Windsor Framework.
In November 2024, the UK Government published its response to its own Product Safety Review. Key priorities include addressing the sale of unsafe goods through online marketplaces and ensuring that emerging hazards across multiple sectors are adequately managed. The Product Regulation and Metrology Bill is progressing through Parliament and the Government has indicated that it will align UK requirements with those of the EU where it makes sense to do so.
Get in touch
0151 600 3420
07955 200 607
Lachlan.nisbet@brabners.com
www.brabners.com
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