FEATURE
A tractor could be considered to be an industrial product, but consumers could also hire it for their own use, making it a grey area for GPSD
Is GPSD the World’s best kept secret?
The General Product Safety Directive 2001/95/EC covers the safety of any products that do not fall under other EU Safety Directives. However, it is rarely recognised or understood by those within the supply chain, even though failure to comply may result in fines and/or imprisonment, says Richard Poate, senior compliance manager at TÜV SÜD Product Service
T
he General Product Safety Directive (GPSD) applies to the supply of all new and second-hand products to consumers for personal use. However, this definition may not be as clear as it first seems. For example, a tractor may be considered an industrial product, but consumers can hire it for their own use. It also covers all methods of supply, including those that are sold, leased, hired, lent or part-exchanged and applies irrespective of the sales channel used. Quite simply, the Directive obliges
manufacturers and distributors to supply products that are safe. Manufacturers are also obliged to provide relevant information that will enable consumers to assess risks inherent in a product, where such risks are not obvious. This should include information on measures that the consumer can take to mitigate those risks, such as wearing protective gloves. Other measures that the manufacturer must take, so that the consumer can understand the risks which the product may present, include: • Appropriately marking the product, packaging and instructions. • Sample testing products on the market. • Investigating complaints relating to
| INDUSTRIAL COMPLIANCE
safety and keeping a register of such complaints. • Informing distributors of the monitoring work and results. The Directive requires distributors to act
with due care to help ensure that products are safe, and they must not supply products known to be dangerous. This means that they should ensure that consumers are informed about any product risks highlighted by the manufacturer. Distributors must feed back
“Any defence
wherever possible. They are well regarded and proven to address known safety hazards. But of course, the correct selection of the appropriate standard is critical as it should address the potential hazards presented by the product type. There are several routes that could be taken to assess product safety. The first is conformity with a voluntary standard that has been published in the Official Journal of the European Union. Otherwise, if there is no specific regulation or national safety law which could be applied, safety can be assessed taking into account: • Voluntary European standards – not published in Official Journal. • Community technical specifications. • National standards and regulations. • Industry codes of practice. • State of the art and technology. • Safety which consumers may reasonably expect. Member States are obliged to enforce
the requirements of the GPSD on producers and distributors. They must appoint the authorities in charge of market surveillance and enforcement as well as monitor, intervene and impose penalties if unsafe goods are identified. If a product is found to be unsafe, but
the distributor is already taking action, then enforcement action is not necessary. However, depending on the seriousness of risk, authorities can suspend the product, pending investigation; issue a requirement to mark the product and warn consumers; as well as issue withdrawal and recall notices, with the likelihood of product destruction. The GPSD states that: “Any defence
should be able to show
that all reasonable steps and all exercised due diligence have been
up the chain to the manufacturer if there are any safety complaints, or other safety related matters from customers. They are also obliged to co-operate with authorities and others within the supply chain in taking action to avoid or remove those risks, keeping documentation that enables the origin of any unsafe products to be traced.
In order to demonstrate product safety, best practice advice would be to use European Union harmonised standards
undertaken to avoid the commission of an offence...”
should be able to show that all reasonable steps and all exercised due diligence have been undertaken to avoid the commission of an offence.” If a product that you manufacturer or supply is later deemed to be unsafe, it is vital, therefore, that you can prove due diligence in the manufacture and supply of that product. You must be properly prepared and confident in your safety case; be able to demonstrate compliance with relevant applicable directives; produce a comprehensive technical
file, and declare that you have met the relevant requirements. The Directive provides for a system called RAPEX, which alerts the relevant authorities to dangerous products – following the GPSD should ensure that it is not one of yours.
TÜV SÜD United Kingdom
www.tuv-sud.co.uk T: 01489 558100
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