The introduction of the new EU General Product Safety Regulations (GSPR) & GB-NI Trade
Jonathan Walsh
Customs, Trade & Strategy Consultant with 20 yrs + International Experience within Industry.
If you are a manufacturer in GB supplying customers in Northern Ireland or the EU or if you are a trader in Northern Ireland purchasing directly from suppliers in Great Britain, you are probably already aware of the amalgamation of existing directives that is due to take place in the EU on the 13th of December 2024 around General Product Safety Regulations (GPSR).
If not, I’ve provided a brief outline below the CURRENT rules/situation for businesses and then I’ve shared some links around both the current legislation in NI and the new legislation and the changes that are scheduled for 13/12/24.
Distributor or Importer?
When placing manufactured goods on the market in Northern Ireland and the EU, traders need to be aware of their obligations under conformity rules and ‘importer rules’; for example, if the GB manufacturer has no NI or EU presence, the NI trader will need to confirm with their supplier whether they or their GB manufacturer will take on the role of “importer”.
In a scenario such as that outlined above, the trader in NI will become the importer if they are responsible for bringing the goods into Northern Ireland from Great Britain and placing them on the NI market for sale if the goods have been manufactured in GB. The same rules apply for goods manufactured elsewhere outside of NI/EU or the EEA when the manufacturer has no presence in those markets.
If the trader in NI/EU is considered the importer, they will need to make sure:
Authorised Representatives or Responsible Persons
The rules for certain goods require the appointment of a named individual who has responsibility for safety.
Authorised Representatives/Responsible Persons can continue to be based in Northern Ireland, the EU or the EEA for placing goods on the NI market, BUT, since Brexit, if a manufacturer currently uses a Responsible Person based in Great Britain, then the NI or EU ‘Importer’ becomes the Responsible Person under EU Law- for goods manufactured outside of NI or the EU.
Authorised Representatives, who can undertake specified tasks on behalf of the manufacturer, must be based in NI or the EU and must be appointed by the manufacturer by written mandate.
Since 16/07/21, in most sectors, an authorised representative must be appointed for certain compliance responsibilities where there is not an NI or EU based manufacturer, importer or fulfilment service provider in the supply chain who fulfils this role.
Above is a quick summary of existing legislation, however I have also provided some useful links below.
in the meantime, I continue to engage with the Department of Business & Trade on behalf of Fortior Insight Ltd clients impacted by this legislation.
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Great and clear article, thank you! For entrepreneurs seeking more in-depth information about the GPSR, it might be helpful to download our free e-book via the link below. Hopefully, this will provide additional guidance in understanding the GPSR and becoming compliant with its requirements. https://lnkd.in/eyiSj8am
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3 个月Anita Brown