The EU’s General Product Safety Regulation (GPSR): A Detailed Guide for Artists and Makers on Baphomart
As of December 13, 2024, the EU’s updated General Product Safety Regulations (GPSR) will take effect, marking a major shift in how products sold within the EU and Northern Ireland must comply with safety standards. These regulations, replacing previous safety directives, aim to ensure that all consumer products meet modern safety requirements, reflecting advancements in technology, manufacturing, and e-commerce practices.
For artists, makers, and sellers, this change is significant. While compliance may seem daunting, understanding these regulations is critical for anyone selling to customers in the EU or Northern Ireland. Below is an in-depth breakdown of what GPSR entails, how it affects you, and what Baphomart is doing to support its community of independent creators.
Key Changes Under GPSR
One of the most substantial changes in GPSR is the requirement for an Authorised Representative or Responsible Person to be based in the EU or Northern Ireland. This individual or entity will act as the compliance point for your products, ensuring they meet EU safety standards. For small-scale creators, this poses logistical and financial challenges, as appointing an Authorised Representative may not be feasible.
Additionally, GPSR extends safety requirements to all consumer products, regardless of their origin or condition. This means the regulations apply to:
- New Products: Items made and sold for the first time.
- Used, Repaired, or Reconditioned Products: Even second-hand goods must meet safety criteria if sold to consumers.
- Digital Products and Software: Items such as knitting patterns, downloadable artwork, or software must comply with the regulations if sold or distributed to EU or Northern Ireland customers.
For sellers outside the EU (e.g., UK-based creators), the most challenging aspect will be appointing an Authorised Representative, as this is a legal requirement for selling into these regions.
Obligations for Sellers Under GPSR
If you are a maker or seller, here’s what you need to do to comply:
1. Ensure Product Safety
Your products must be safe for their intended use. For example:
- A handmade toy must be free from hazardous materials or sharp edges.
- A candle must include safety instructions for proper use and fire hazards.
2. Provide Safety Information
Every product listing must include relevant safety details. This might include:
- Instructions for proper use.
- Warning labels (e.g., choking hazards for children under 3).
- Compliance marks such as CE markings (mandatory for toys, electronics, and other regulated goods).
3. Maintain Technical Documentation
You are required to keep technical documentation for your products for at least 10 years after they are first placed on the market. This includes:
- Design specifications.
- Materials used.
- Test reports or certificates of compliance.
4. Cooperate with Market Authorities
You must be prepared to work with regulatory authorities if there are any questions about your products. This could include providing documentation or participating in product safety inspections.
Specific Considerations for UK-Based Sellers
For UK-based sellers targeting EU or Northern Ireland customers, compliance with GPSR is mandatory. You must appoint an Authorised Representative in the EU or Northern Ireland to represent your products. This representative will:
- Ensure your products meet EU safety standards.
- Be the main contact for regulatory authorities.
However, this requirement may not be practical or affordable for many independent makers. Baphomart recognizes this challenge and is exploring potential solutions, such as offering an Authorised Representative service to sellers on its platform. Unfortunately, this service will not be available before the December deadline, so sellers will need to find their own solutions in the meantime.
For those selling solely within the UK (excluding Northern Ireland), the requirement for an Authorised Representative does not apply. However, UK safety regulations still need to be followed.
Implications for Northern Ireland Sellers
Sellers based in Northern Ireland operate under unique conditions due to the Northern Ireland Protocol. In this case:
- You are considered the Responsible Person for your products and do not need to appoint an additional Authorised Representative.
- All other GPSR requirements, including product safety and documentation, still apply.
How GPSR Applies to Digital Products
GPSR’s scope extends beyond physical goods to include digital products. If you sell digital items, such as:
- Knitting patterns or sewing templates.
- Downloadable artwork or designs.
- Any software or app-based content.
These products must meet GPSR standards if they are accessible to EU or Northern Ireland customers. For example, a digital knitting pattern must come with clear instructions for use and ensure there are no risks to the user (such as faulty dimensions that could cause harm).
What Baphomart Is Doing to Help
Baphomart is committed to supporting its sellers in navigating these new regulations. Here’s what you can expect:
Platform Updates: Baphomart is updating its seller tools to make compliance easier. Changes include:
- We have modified shipping options from UK and N.I to UK only, and added EU and N.I. regions together, if sellers choose not to comply – please remove your EU shipping options.
- If you are shipping to EU and N.I – Please in your long product description include safety information, compliance marks, and Authorised Representative details to include them directly in your product listings.
Education and Guidance: Baphomart will provide detailed guides and resources to help sellers understand and meet GPSR requirements: We have started our GPSR compliance help centre, and will be updating it with any govenmental changes as things develop. We have also created a working GPSR Compliance Seller Checklist & Template for Sellers to help ensure their products comply with the safety regulations.
Potential Services: Baphomart is exploring the possibility of offering an Authorised Representative service. This could help ease the burden on independent makers who want to continue selling to the EU and Northern Ireland but lack the means to secure representation on their own. We will update all vendors as things develop.
Why This Matters
For many makers, safety compliance is already an essential part of their creative process. Meeting GPSR standards isn’t just about avoiding legal trouble; it’s about showing customers that you care about their safety and delivering a quality product.
While the changes might feel overwhelming, they also provide an opportunity to build trust and confidence with your audience. Knowing that your products meet international safety standards can be a powerful selling point.
Next Steps for Sellers
To prepare for GPSR:
- Review your products and identify any safety risks.
- Update your product listings with safety information and compliance marks.
- Explore options for appointing an Authorised Representative if you sell to the EU or Northern Ireland.
For additional help, consult official EU resources:
