I have been absorbing as much information about this complicated issue and in this blog post i aim to summarise my learnings. It is by no means official info, its just simply my research. It might help out other small business to navigate this brexit cluster F*ck. It is purposefully non wordy and applicable to businesses like mine who sell on etsy and other platforms as well as their own websites.
You can probably pay a consultancy to help with this but i feel that its a money making scheme that is aimed at capitalising on the ignorance of small business owners. Here I want to help small businesses be able to help themselves. I will add to this document as i find out more information.
What is it
It is a regulation that came into effect on 13 dec 2024. It is about transparency and product safety.
What products is it applicable to?
All products excluding food and vintage/antique items. Here is the list of products that the regulations are NOT applicable to:
The regulation does not apply to:
- medicinal products for human or veterinary use
- food
- feed
- living plants and animals, genetically modified organisms and genetically modified microorganisms in contained use, as well as products or 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
- aircrafts which involve low risks for aviation safety [footnote 2]
- antiques
What should i do if i want to keep selling to the EU & Northern Ireland?
1) Ger an EU representative
This is a named point of contact on product safety (known as the ‘EU Responsible Person’) This person needs to live in the EU or NI. (northern ireland)
2) Traceability
Include traceability on your product ensuring that your products are traceable (for example, through a batch or serial number) in a way that is visible and accessible for consumers
The main thing you need to do is include your address and contact info plus your eu reps info on the packaging or on the paperwork included with the product.
What easy-ish things can i do straight away?
- Ensure each product is properly labeled, including the manufacturer’s and importer’s details, and any necessary safety warnings or instructions.
Frequently asked questions (questions i have asked myself that might help you)
Does the EU representative for GSPR need to live in the EU?
Yes, an authorized representative for the EU General Product Safety Regulation (GPSR) must be based in the EU or Northern Ireland. The representative must also have a written mandate from the manufacturer that specifies the tasks they are authorized to perform
The name, registered trade name or registered trademark, and contact details (including postal address) of the responsible economic operator must be indicated on the product or on its packaging, the parcel, or an accompanying document. Accompanying documentation may include a store receipt or other despatch or shipping documentation that is provided alongside a product and does not need to be within the same packaging as the product itself as long as it accompanies the product.
If my product is technical / battery operated then you may need to have a data sheet with clear safety instructions.
What will happen to me if i don't comply?
"UK authorities will continue to take a proportionate, risk-based, and intelligence-led approach to enforcement of the rules, minimising disruption to compliant businesses, including using compliance advice and guidance to assist businesses in addressing actual, suspected or potential non-compliance"
-This is from the UK Gov website
I believe that the rules won't be enforced right away and it will take some time, this paragraph also makes me believe that the government will be understanding that it will take a bit of time for businesses to get their heads around this change. They will want to support small businesses to a point, so i believe that if you can comply as much as you can, you will not be punished too seriously.
Other important / useful resources
UK Gov official page on the Government website
