GPSR for importers: follow the product safety rules

The GPSR applies to almost all non-food consumer products. In this article, you can find out why the GPSR exists and how you, as an importer, can comply with the regulations.

There are many unsafe products

The Netherlands Food and Consumer Product Safety Authority (NVWA) believes it is important that product safety is taken more seriously. “The GPSR imposes stricter requirements on importers who place consumer products on the market,” says Martijn Duinkerke. He works on general product safety at the NVWA. Almost every week, there are news reports about dangerous products. Think of cargo bikes that break apart or batteries that catch fire. Partly due to the wide range of products available in online shops, the number of unsafe items is on the rise. Customs is stretched thin trying to check the flood of parcels from abroad. As a result, products that do not meet safety requirements regularly end up on the market.

The Consumentenbond (Consumers' Association) has seen “a flood of unsafe products” for some time now. Spokesperson Gerard Spierenburg cites some examples: “Loose parts and toxic substances in toys, overheating and fire hazards in electronics, heavy metals in jewellery, and unsafe cosmetics.” Chinese suppliers are the worst offenders, according to Spierenburg. “Products from China more often cause problems.”

"Importers do not know the rules"

Most entrepreneurs who import products act in good faith, says Duinkerke. But they often lack knowledge. “They do not know the rules, so they do not know what they are doing wrong.”

The regulator, NVWA, will therefore continue to focus on public awareness and enforcement. The authority aims to assist importers. This involves taking responsibility and complying with the rules. Duinkerke: “The time for playing around is over. Manufacturers and importers have been given greater responsibilities. This is absolutely essential for consumer safety.”

GPSR: more responsibilities for importers

The GPSR is designed to protect consumers from dangerous products. How are responsibilities allocated?

Distributor

Do you sell a product manufactured in an EU country? If so, you are a distributor, and according to Duinkerke, it is not that complicated. “The manufacturer is responsible for ensuring a safe product, produced in accordance with European directives.” As a distributor, you check whether the obligations have been met. And you take action if a product does turn out to be unsafe.

Importer

Do you import products from outside the EU? Then you are an importer and you have more responsibilities. This also applies to manufacturers from outside the EU. Duinkerke: “As a European regulatory authority, we cannot monitor the manufacturer in China. That is why, under the GPSR, there must be a responsible party in the EU for every product. This can be an authorised representative acting on behalf of the manufacturer. If there is not one, then you, as the importer, are the responsible party.”

Product safety: comply with GPSR in 8 steps

As an importer, you comply with the new GPSR standard by following these 8 steps:

1. Check Safety Gate for banned products.
2. Find out what rules there are for your product.
3. Check whether your product complies with these rules.
4. Put your contact details on the product or packaging. That way, customers and regulators can reach you.
5. Investigate complaints and keep records.
6. Arrange for safe transport and storage.
7. Create a technical dossier and a declaration of conformity. Keep your records for 10 years.
8. Take action if your product does not comply.

General product safety self-assessment

The NVWA’s online self-assessment (in Dutch) allows you to check how your business handles general product safety. This will show you which areas are in order and which are not.

Launching a standard product onto the market

How does the GPSR work in practice when you import fully finished standard products? For example, mobile phone cases or bed linen. Jasper Delisse, through his company We R Asia, assists importers. He highlights 3 key tasks:

1. You must include your contact details on the packaging.
2. You must provide your customers with clear instructions and safety information.
3. You must ensure that you yourself have the necessary technical documentation."

Risk assessment for each product

Importers need to carry out a risk assessment for each product. “This means you must have a technical report even for a simple pen,” says Duinkerke. “And make sure you have that before you pay, and the product is loaded onto a boat in China. Otherwise, you depend on whether your supplier will cooperate.”

That risk assessment should show how long a product is usable. And that a product is safe for people during its lifetime. Safe is a broad term here, Duinkerke explains: “It is not that a dangerous product should never be used. In such a case, you explain the risks to the user. Think of a drill. The rapidly rotating parts can create a dangerous situation. But under the right conditions, you can use the drill safely.”

Assessing risks

Delisse wonders how far entrepreneurs will be willing to go for absolute security. “I applaud more security, but I do not believe that every website owner will have a risk assessment report made for each different mobile phone case, for example.”

Delisse believes that the type of products you import and sell makes a difference. “If you sell products for babies, you want to be absolutely certain that no harmful substances have been used. And that parts do not just come loose. But there is a large category of products that carries fewer risks.”

He believes that importers will have to weigh up the risks themselves. “It is not compulsory to use an agency. You can also research and arrange things yourself. However, you do need to be aware of the risks you are taking.” Delisse is referring to liability and damage to reputation. But also to fines, product recalls, and high costs that can happen if the importer fails to ensure product safety.

EU authorised representative

KVK adviser Jacob van der Vis regularly receives questions about the new rules. “Recently from someone who imports 25,000 different products. So where do you start? Fortunately, an EU authorised representative had already been appointed for many items. That is something to watch out for though: does my manufacturer have an authorised representative in the EU? Then you have less to arrange and fewer responsibilities. That makes things much easier.”

One question that keeps coming up is how to deal with product recalls. “To do that, you need to know who you have sold your products to. And you need to have a plan in place if something goes wrong. Of course, this also involves costs that you do not immediately take into account.”

When are you considered a manufacturer under the GPSR?

Do you have your products manufactured abroad and market them in Europe under your own brand name or logo? If so, you are regarded as a manufacturer under the GPSR. And this means even more responsibilities when it comes to ensuring product safety. According to Delisse, experienced importers adapt well to these rules. “Although these rules certainly require a deeper understanding of the subject.”

For starters, it is a challenge. “It is a whole package of requirements you have to meet. Finding your way through it is tricky. Especially if you are still setting everything up and importing for the first time. There is already so much to sort out,” says Delisse.

Wholesalers as an intermediate step

The GPSR entails additional rules and responsibilities for importers. Delisse therefore advises starters to take an intermediate step. “Set up your business, source from a wholesaler in the EU and build something up first. Of course, your margins will be smaller, but once you are up and running, you can always start importing yourself.”

Anyone who still dreams of launching their own brand line should, according to KVK adviser Jacob van der Vis, do their homework thoroughly. “If you follow the rules, you will need a risk assessment, for example. Have a look for a report like that and work out what it should look like for your product.”

A consultancy firm is not always needed, according to the adviser. “But, do think carefully about your product. Sometimes, there seem to be few risks at first glance, but the reality can be different. With textiles, for example, you might consider how flammable an item is, or which chemicals were used in its production. If there are risks linked to your product, a consultant can certainly help.”

How much do you pay for advice?

You pay for help and advice on buying. “Roughly 10% to 30% of the buy value of your goods,” explains Delisse. The costs depend on the amount of work and the purchase value of the products. “That is certainly not insignificant,” Delisse admits, “but you also gain a lot in return. You outsource the work, and you have certainty. If all goes well, an adviser will largely pay for themselves.”