The new EU Product Safety Regulation (GPSR)
What is changing for the European fashion supply chain
This is the first in a series of articles on the regulations and directives that are part of the European strategy for sustainable and circular textiles and that are radically changing the regulatory landscape for the fashion supply chain.
As of 13 December 2024, the new European General Product Safety Regulation (GPSR - Regulation 2023/988), approved in May 2023 (here is the application guide for the regulation published by Italian MIMIT) is in force, replacing the older 2001 directive (2001/95/EC). Its purpose is the ‘protection of consumers and their safety’.
The scope of the regulation
The regulation applies to all consumer products placed on the European market, whether new, used, repaired or reconditioned. It is sufficient that a product is made available, even online, to European consumers for it to fall within the scope of the regulation, thus increasing the responsibility of e-commerce operators. For fashion products, fire hazards, toxicological hazards and mechanical hazards are under scrutiny.
As such, the regulation is not directly part of the European strategy for sustainability and circularity and does not address environmental impacts. Instead, it focuses on the health risks arising from the use of the product directly for the consumer. Toxicological risks, however, largely derive from hazardous chemicals that are also the subject of sustainability policies, mostly from substances such as carcinogens, endocrine disruptors, and allergens, with potential damage to the nervous system, liver, kidneys, pituitary gland, nasopharyngeal and reproductive systems.
The fire risk mainly concerns light fabrics and decorations such as sequins.
Finally, mechanical risks are also considered for the children's clothing category, e.g. the presence of small detachable parts that can be swallowed. However, items that could be used by children, even if not designed for them, are also included.
What Changes for Companies?
The main requirements are:
- The general safety requirement: products that do not comply with the regulation may no longer be placed on the market.
- Due diligence and testing: all manufacturers are required to draw up technical documentation demonstrating the safety of products, based on a risk analysis carried out in-house by the manufacturer.
- Designation of a company Single Point of Contact responsible for product safety: who will supervise safety and be the interface with authorities and consumers in the event of problems or complaints. The reference to the person in charge will have to appear on the product label. Companies will have to keep a record of complaints received. These requirements also apply to all non-EU operators selling on the EU market.
- Registration with Safety Business Gateway (SBG): in the event of a product withdrawal from the market due to safety issues, companies must immediately notify authorities and consumers via a new dedicated portal that replaces the old EU RAPEX alert system.
- Provide clear information on the safety and safe use of products and packaging.
Controls and Sanctions
The supervisory authorities (Customs, CCIAA, AGCM) will also carry out inspections on all imported products, based on existing control systems, to verify their compliance with the regulation. Non-compliant companies risk product recall and sanctions, which are still being defined at national level and which the regulation states must be “effective, proportionate and dissuasive”
Finally, it should be noted that the regulation has entered into force, but the ‘delegated acts’, i.e. the technical annexes defining the specific requirements for each sector, are still missing.
