What is the GPSR, and does it affect printed books?
The General Product Safety Regulation (“GPSR”) came into effect on December 13, 2024 and impacts all products placed in the European Union (“EU”) and Northern Ireland (“NI”)** markets. It requires all consumer products in the EU/NI markets to be safe and establishes specific obligations for businesses to ensure this.
While printed books and other printed paper products are generally considered to be low risk, they are still covered by the GPSR when delivered to a consumer in the EU/NI in the course of commercial activity.
Who is a “consumer” under the GPSR?
“‘Consumer’ means any natural person who acts for purposes which are outside that person’s trade, business, craft, or profession.”
Who is a “manufacturer” under the GPSR?
“Manufacturer” means “any natural or legal person who manufactures a product or has a product designed or manufactured, and markets that product under that person’s name or trademark.” In the context of book printing, the manufacturer under the GPSR is you, the author/publisher/creative. Mixam is seen as a service provider in this regard.
Are there any exceptions?
Books delivered in the course of a non-commercial activity (e.g., sending a book to a family member as a gift for private use) appear to fall outside of the scope of the GPSR.
The GSPR applies to business-to-consumer deliveries. Orders for books that are to be delivered to a business are not excluded from the GPSR (unless they are being delivered solely to qualified professionals in connection with professional use, and cannot reasonably be expected to end up in the hands of consumers).
How does a book author/publisher comply with the GPSR? Can Mixam help?
The GPSR sets forth several requirements that manufacturers must follow:
- Authorised Representative :
- Manufacturers must designate an Authorised Representative (“AR”) in the EU/NI to maintain technical documentation, address safety queries, and ensure a book conforms to its documentation.
- A manufacturer located in the EU/NI can designate itself as the AR, but non-EU/NI manufacturers must designate someone based in the EU/NI. There are several companies that offer AR services (see, e.g., list). Mixam also may be able to assist further with this process in the future.
- Safety Assessments:
- Manufacturers must conduct safety assessments for their book and maintain technical documentation about its safety for a period of 10 years after the book has been placed on the market.
- Upon request, Mixam will provide you with a risk assessment for your book so that it can be kept on file. However, this is only a risk assessment based upon the physical production of the book. You should conduct your own risk assessment regarding the book’s content (ex: NSFW/adult-content/violence).
- Traceability and Warranty:
- Books must be labeled with the following:
- Information allowing identification of the book (e.g., ISBN, type, batch, serial number);
- Name, registered trade name or trademark, postal address, and email address for the manufacturer; and
- Name, postal address, and email address for the AR.
- Books must be labeled with the following:
This information must be clearly displayed on the book, its packaging, or a document accompanying the book. QR codes and links are not sufficient.
- Online Sales Platforms: If a book is sold through PrintLink or otherwise online, the product listing must also display the above information.
- Report accidents and recalls: Manufacturers must notify consumers and authorities about product recalls and accidents involving their products. Mixam will notify you about any such incidents if we ever become aware of them.
Do I need to label books already printed through Mixam?
A copy of a book already printed and offered to EU/NI consumers before December 13, 2024 is generally not subject to the GPSR. Copies of books made after that date must be GPSR compliant. Practically though, you may wish for all of your books to comply with GPSR so that you don’t need to prove to a customs officer that a particular copy of a book is exempt from labeling.
What happens if I don’t comply with GPSR?
Non-compliance with the GPSR can lead to serious consequences, including product recalls, fines, and being banned from selling books in the EU/NI.
*The information contained in this site is provided for informational purposes only, and should not be construed as legal advice on any subject matter. The contents of this site contain general information and may not reflect current legal developments or address your situation. We disclaim all liability for actions you take or fail to take based on any content on this site.
***EU member states include: Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, and Sweden. This regulation also applies to Northern Ireland, although it is not an EU member state.
