General Product Safety Regulation (GPSR): A Comprehensive Guide

Introduction to GPSR

Regulation (EU) 2023/988, known as the General Product Safety Regulation (GPSR), sets stricter safety requirements for consumer products sold in the EU. It replaces Directive 2001/95/EC and introduces new responsibilities for manufacturers, importers, distributors, fulfillment service providers, and online marketplaces to ensure product safety.

Scope of the GPSR

Effective from December 13, 2024, the GPSR applies to all products placed on the EU market, irrespective of the sales channel, encompassing both physical stores and online platforms. The GPSR applies to most consumer products in the EU, except for specific categories like medicinal products. It also holds fulfillment service providers and online marketplaces accountable for safety, making sure every player in the supply chain takes responsibility. Products already covered by other EU safety regulations may be partially or fully exempt from certain GPSR requirements.

What is the GPSR? 

The GPSR is now fully in effect, ensuring that all products sold in the EU meet strict safety standards, considering advancements in technology and e-commerce. The regulation enhances safety recall processes and imposes stricter requirements for labeling and risk assessments. Initially published in the Official Journal of the EU on May 23, 2023, and enforced from June 12, 2023, GPSR officially replaced the General Product Safety Directive (GPSD) on December 13, 2024. Businesses must now comply with its requirements to continue selling in the EU.

Key Differences Between GPSR and GPSD

Requirement	GPSR	GPSD
Responsible Person	Manufacturer, Importer, Authorized Representative, Fulfilment Service Provider	Not clearly defined
Labelling	Product type, batch number, manufacturer details, warnings, age suitability	Producer details, batch number, warnings
Documentation	Technical documentation, instructions, test reports	Instructions, test reports
Communication	Telephone, email, website section	Not specified
Lab Testing	Generally required	Generally required

 

Products Covered by GPSR

The GPSR applies to all consumer products unless specific sectoral regulations exist. This includes:

• Automotive Accessories
• Clothing, Footwear, and Accessories
• DIY, Tools, Hardware, and Gardening
• Electrical and Electronic Products
• Home and Office Supplies
• Household Goods, Kitchenware, and Furniture
• Jewelry and Accessories
• Personal Care and Beauty Products
• Pet Products
• Sports and Outdoor Equipment
• Toys and Children's Products
  
  

Economic Operators

The GPSR establishes in §3(13) the following economic operators:

• Manufacturer
• Authorised representative
• Importer
• Distributor
• Fulfillment service provider

Manufacturers may name an authorised representative in the European Union as a contact point for market surveillance authorities. The GPSR delineates clear obligations for various economic operators to uphold product safety standards.

Responsibilities of Economic Operators

The GPSR defines roles and responsibilities for the following economic operators:

• Manufacturers: Entities that produce or have products designed and manufactured under their name or trademark are responsible for ensuring that these products comply with GPSR requirements before entering the market. This includes conducting comprehensive risk assessments and maintaining technical documentation. For products manufactured outside the EU and sold online (or through other forms of distance selling), there may also be an importer who either sells the product directly online or supplies it to a distributor who then offers it for sale online.
  
  
• Importers: Products manufactured outside the EU and sold in physical retail within the EU are placed on the market by an importer within the EU. The importer assumes the role of an economic operator under Article 4 unless the manufacturer has appointed an authorised representative to fulfill these duties. Firms importing products from non-EU countries must verify that these products meet EU safety standards. Importers are required to ensure that the manufacturer has fulfilled their obligations, and they must keep copies of the EU declaration of conformity and technical documentation for a specified period.
  
  
• Distributors: For products manufactured outside the EU and sold online (or through other forms of distance selling), there may also be an importer who either sells the product directly online or supplies it to a distributor who then offers it for sale online. Distributors should verify that products bear the required conformity markings and are accompanied by necessary documentation and instructions.
  
  
• Authorised Representatives: Appointed by manufacturers, authorized representatives based within the EU act on behalf of the manufacturer concerning specific tasks, such as maintaining technical documentation and cooperating with market surveillance authorities. If the manufacturer (whether based inside or outside the EU) has appointed an authorised representative in writing to carry out specific tasks under Article 4, this representative assumes the role of an economic operator under Article 4.
  
  
• Fulfillment Service Providers: Companies offering services like warehousing, packaging, and shipping, without owning the products, are considered fulfillment service providers. In scenarios where no other economic operator is established within the EU, these providers must ensure product compliance with the GPSR.
  
  
• Online Marketplace Operators: Digital platforms facilitating the sale of products must register with the EU Safety Gate portal, designate a single point of contact for EU authorities, and ensure compliance with product safety reporting obligations. They are also required to act swiftly in removing unsafe products upon notification.

Online Marketplace Registration

Article 22 of the GPSR introduces new requirements for online marketplaces. Providers of online shops and other digital marketplaces must:

• Register with the EU Safety Gate portal.
• Designate a single point of contact for EU authorities.
• Ensure compliance with product safety reporting obligations.

Marketplaces must also cooperate with regulatory bodies to remove unsafe products swiftly and prevent repeat violations.

Distance Sales, Economic Operators, and Authorised Representatives

The GPSR includes provisions for distance selling that apply to online providers. These providers must register on the Safety Gate portal. Online providers of products covered by the GPSR are also required to fulfill information obligations for consumers. According to Article 19 of the regulation, details about the manufacturer (name or trade name) or the EU authorised representative of the manufacturer, as well as product identification information (including a product image) and any warnings or safety information about the product, must be provided on the offering website (online interface).

To enhance accountability, GPSR mandates that non-EU manufacturers appoint an EU-based economic operator to ensure compliance. This can be an EU-based importer, distributor, or an authorised representative.

The EU-based economic operator is responsible for:

• Holding and maintaining the product’s technical documentation.
• Cooperating with EU market surveillance authorities.
• Acting as the official contact point for regulatory compliance inquiries.

If a non-EU manufacturer does not designate an EU-based economic operator, the importer or distributor automatically assumes legal responsibility for product compliance.

Risk Assessment and Safety Evaluation

To comply with GPSR requirements, manufacturers are obligated to perform thorough risk assessments of their products. This process involves evaluating various factors, including the product’s design, composition, packaging, and potential interactions with other products. Utilizing relevant European standards can aid in this assessment. The findings must be documented meticulously and made available to market surveillance authorities upon request. Neglecting proper risk assessment can lead to severe consequences, such as fines, product recalls, or market access restrictions. 

To confirm compliance with the general safety requirement under Section 5 of the GPSR ("Economic operators shall place or make available on the market only safe products."), manufacturers are obligated to assess the safety of the product as part of an internal risk analysis. Various aspects, such as the product's characteristics, composition, packaging, and interaction with other products, are evaluated. Relevant European standards may be used for this assessment.

The internal risk analysis and a list of any relevant European standards form part of the technical documentation for a product. This risk assessment must be documented and made available to market surveillance authorities upon request. Failure to conduct an adequate assessment may result in penalties, recalls, or restrictions on market access.

Labeling Requirements

To improve transparency and consumer safety, GPSR mandates specific labeling requirements. Products must display:

• The manufacturer's name, registered trade name, and contact details.
• A reference for product traceability, such as a batch or serial number.
• Safety warnings in a language easily understood by consumers in the target market.

The regulation also encourages the use of digital labels and QR codes to provide additional compliance documentation and safety instructions.

Transitional Provision

GPSR applies to all products within its scope that are placed on the market from 13 December 2024. The making available on the market of products covered by Directive 2001/95/EC, which comply with that directive and were placed on the market before 13 December 2024, shall not be impeded by EU member states.

Stronger Market Surveillance and Penalties

To ensure compliance, the GPSR strengthens market surveillance measures and harmonises penalties across member states. Companies face stricter obligations to report serious accidents involving their products within two working days and implement effective recall procedures when necessary.

Preparing for the GPSR: What Companies Need to Do

To adapt to the GPSR, businesses should:

• Conduct detailed risk assessments to identify potential hazards.
• Update product labels, user instructions, etc.
• Appoint an authorised representative or ensure an EU-based economic operator.
• Implement systems for monitoring product safety post-market and promptly report accidents.
  
  

Conclusion

The GPSR represents a transformative step for product safety in the EU, addressing the challenges of modern commerce and technology. By requiring rigorous risk assessments and stronger accountability through economic operators, the regulation creates a safer environment for consumers and a more predictable framework for businesses.

Learn More About GPSR:

• EU Product Safety and GPSR Overview
• General Product Safety Regulation (2023) – EU Summary
• EU Safety Gate – RAPEX Alerts for Dangerous Products