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, regardless of whether they are sold in stores or online. It covers most consumer goods except those governed by other EU-specific legislation (e.g., medical devices). It also extends liability to fulfillment service providers and online marketplaces, ensuring shared responsibility across the supply chain.
Economic Operators
The GPSR establishes the following economic operators:
- Manufacturer
- EU Responsible Person
- Importer
- Distributor
- Fulfillment service provider
Non-EU businesses (e.g. from the US, UK, China, etc.) must appoint a valid EU-based economic operator. Without one, products cannot legally be sold in the EU.
Responsibilities of Economic Operators
- Manufacturers: Ensure the product is safe, perform risk assessments, and maintain technical documentation before entering the market.
- Importers: Verify that products from outside the EU meet GPSR requirements. They must retain the Declaration of Conformity and technical file.
- Distributors: Ensure products are CE marked (if applicable), carry proper labeling, and come with required documentation and instructions.
- Responsible Person / Authorised Representative: Acts on behalf of the manufacturer in the EU. See our guide to appointing one here.
- Fulfillment Service Providers: If no other economic operator is appointed, these providers bear full responsibility under GPSR.
- Online Marketplaces: Must register with Safety Gate, act on product safety reports, and remove unsafe products quickly. Read more: Marketplace duties under GPSR.
Online Marketplace Registration
Under Article 22 of the GPSR, online marketplaces must:
- Register with the EU Safety Gate portal
- Designate a point of contact for authorities
- Act swiftly on product safety incidents
Distance Sales and Authorised Representatives
Sellers via online interfaces must display the manufacturer's or authorised representative’s contact details and provide clear safety information.
Risk Assessment and Safety Evaluation
Manufacturers must evaluate product risks before placing items on the market. This includes reviewing materials, design, packaging, and potential interactions with other products. All findings must be documented and form part of the technical documentation. Non-compliance can lead to recalls or penalties.
Labeling Requirements
Products must include:
- The manufacturer's name and contact address
- A product ID, such as batch or serial number
- Clear warnings in the language of the target market
Digital labels and QR codes are encouraged. Full guide: GPSR labeling rules.
Final Declaration of Safety Compliance
Upon completion, confirm that the product complies with all applicable EU safety laws. This declaration supports market entry and can be referenced in your Declaration of Conformity.
Market Surveillance and Penalties
- Serious incidents must be reported to authorities within 2 business days
- Authorities cooperate through the EU Safety Gate RAPEX portal
- Penalties may include product bans or substantial fines
Transitional Provision
Products already placed on the EU market before 13 December 2024 may continue to be sold if compliant with Directive 2001/95/EC. After that, all new placements must comply with the GPSR.
Frequently Asked Questions
FAQs
Do non-EU brands need to comply with the GPSR?
Yes. All non-EU brands selling to EU customers must meet GPSR requirements, including appointing an EU Responsible Person.
Who can act as the EU Responsible Person?
An EU-based entity legally appointed in writing. See our service plans for appointing GPSR Solutions as your RP.
What happens if I don't appoint an economic operator?
Your product may be denied entry into the EU or delisted from platforms like Amazon or Etsy. Fulfillment providers may become liable by default.
When does the GPSR take effect?
The GPSR applies from 13 December 2024. All products placed on the market from that date must comply with it.