Why the General Product Safety Regulation is so important for logistics companies

Regulation (EU) 2023/988, known as the General Product Safety Regulation (GPSR), came into effect on December 13, 2024. This regulation introduces new obligations and responsibilities for companies, particularly addressing challenges arising from digitalization and the rapid growth of online sales. For logistics companies, understanding and adapting to the GPSR is crucial, as they may now be required to act as the responsible party to ensure the safety of consumer products when operating as intermediaries in the supply chain.

While the obligation to appoint a responsible party has existed since the introduction of the Market Surveillance Regulation (EU) 2019/1020, the GPSR significantly broadens its scope. As of December 13, 2024, all consumer products outside the CE framework must also have a designated responsible party, in addition to products with a CE marking.

Unlike CE-marked products, which typically already have an assigned responsible party (such as an EU manufacturer, importer, or authorized representative), non-CE products often lack this designation. This increases the likelihood that logistics companies acting as Fulfilment Service Providers (FSPs) may automatically assume the role of the responsible party.

This change makes it more important than ever for logistics service providers to understand their potential responsibilities under the GPSR and prepare accordingly. By doing so, they can ensure compliance, reduce legal risks, and contribute to the safe distribution of products in the EU market.

Liability under Directive 2024/2853

In addition to obligations under the GPSR, it is also essential to highlight EU Directive 2024/2853 on liability for defective products, which further emphasizes the responsibilities of fulfilment service providers.

According to Article 8 of Directive 2024/2853, in cases where a product or component manufacturer is based outside the EU, the following entities can be held liable for defective products:

  • The importer of the defective product or component.
  • The authorized representative of the manufacturer.
  • The fulfilment service provider when there is no importer or authorized representative established within the EU.

This means that logistics companies acting as FSPs may face not only compliance obligations under the GPSR but also liability for defective products under Directive 2024/2853 when no other responsible party exists within the EU.

Acting as a Fulfilment Service Provider (FSP)

Logistics companies providing fulfilment services are subject to stricter controls and responsibilities under the GPSR. Fulfilment services typically include receiving, storing, packaging, and shipping goods, as well as managing returns. When a logistics company performs these activities, it may be classified as an FSP and thus assume legal obligations under the GPSR.

When is a logistics company considered an FSP?

A logistics company is considered an FSP if, as part of a commercial activity, it offers at least two of the following services without owning the products involved:

  • Storage
  • Packaging
  • Addressing
  • Shipping

If no EU manufacturer, importer, or authorized representative is designated as the responsible party for a product, the logistics company acting as an FSP automatically becomes the “responsible party.” This role entails significant responsibilities, particularly in the areas of compliance, safety, and traceability.

Key obligations for logistics companies acting as FSPs

If a logistics company is designated as an FSP under the GPSR, it must comply with several key requirements, including:

For products within the scope of the GPSR:

  • Regularly checking that the product meets the technical documentation requirements.
  • Verifying compliance with traceability, identification, and safety information requirements.
  • Taking corrective actions when safety risks are identified.

For products within the CE framework:

  • Ensuring that the technical documentation and the EU declaration of conformity (or performance declaration) are made available.
  • Checking that products meet CE marking requirements before entering the EU market.

Why GPSR is a game-changer for logistics companies

Traditionally, logistics companies have focused on transportation and storage, while product compliance was considered the responsibility of manufacturers, importers, or distributors. The GPSR disrupts this paradigm by holding FSPs accountable in situations where no other responsible entity exists within the EU. This shift requires logistics companies to take an active role in ensuring the safety of consumer products. To adapt, they should:

  • Write clear contracts: Include compliance responsibilities explicitly in agreements with clients.
  • Implement quality assurance processes: Regularly check products and documentation for compliance.
  • Train employees: Educate staff on the requirements and obligations of the GPSR.
  • Leverage technology: Use traceability and monitoring tools to ensure product safety.
  • Cooperate with regulators: Maintain open communication with regulatory authorities to ensure alignment.

An alternative: Partnering with Certification Company

Instead of assuming full responsibility for compliance themselves, logistics companies have another option. They can collaborate with Certification Company, which acts as the “responsible party” for their clients.

With over 10 years of experience in the compliance industry, certification companies can:

  • Conduct product testing.
  • Perform inspections.
  • Manage certification procedures.
  • Offer consultancy and representative services.

By referring clients (who lack a designated responsible party) to Certification Company, logistics providers can ensure that all compliance requirements are accurately and efficiently met. This approach allows logistics companies to focus on their core activities while leaving compliance management to trusted experts.

Conclusion

The General Product Safety Regulation represents a groundbreaking development for the logistics sector. It redefines the role of logistics companies, particularly those acting as Fulfilment Service Providers, by holding them accountable for product safety in situations where no other responsible party exists within the EU.

By understanding and embracing the GPSR—and partnering with Certification Company when needed—logistics providers can effectively navigate this regulatory landscape while ensuring the safety of consumer products. Contact us for more information about your role under the new regulation.

Logo - Certification Company