GPSR - General Product Safety Regulation

The agreement of November 29, 2022, led to the adoption of the new General Product Safety Regulation (GPSR), approved on May 10, 2023, and entered into force on December 13, 2024.

Directive 2001/95/EC on general product safety (GPSD) has been in force for over 20 years. The objective of the GPSD was to establish a safety net for all products not regulated by specific sector Directives or Regulations. The introduction of electronic commerce was one of the main reasons for initiating the revision of the GPSD. The changes will apply in addition to the Digital Services Act.

Regulation (EU) 2023/988 of May 10, 2023, repealed Directive 2001/95/EC (GPSD) and incorporated Directive 87/357/EEC regarding products which, appearing to be other than they are, endanger the health or safety of consumers, also known as “Food Imitating Products.” As was the case with the GPSD, the GPSR also applies to products covered by other specific Directives, but only for parts not already regulated by them, such as regarding the Complaints Register.

The new GPSR Regulation also amends Regulation (EU) 1025/2012, which establishes rules concerning cooperation for the development of European standards for products and services in support of Union legislation, and Directive (EU) 2020/1828 on representative actions for the protection of the collective interests of consumers.

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Key highlights of the GPSR Regulation

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E-commerce

The new Regulation contains several provisions and two dedicated articles (19 and 22) for this type of commerce, due to the exponential increase in the use of such means for purchasing goods. Online platforms must have single points of contact for product safety and the obligation to track their sellers. Authorities will be able to order the removal of unsafe products.

Responsible person

Companies can only sell in the EU if they have a responsible economic operator in the EU. Responsible parties must be able to respond to authorities and provide the required documentation and information. The definitions of traditional economic operators already present in other Directives/Regulations are referenced, with their respective obligations:

  • Manufacturer
  • Importer
  • Authorized representative
  • Distributor
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Recalls

Authorities will have more options to request product recalls. The goal is to increase return rates by offering consumers refunds, repairs, or replacements, where appropriate. To this end, the product traceability system has been strengthened, and a Complaints Register must be implemented.

Technical documentation

Manufacturers must draw up documentation to demonstrate the safety of their products (including product details, risk assessment, and a list of standards used to demonstrate compliance, where applicable) to be kept for 10 years.

Further updates of the Regulation

The new Regulation also focuses on cybersecurity issues, which were not addressed in the previous Directive 2001/95/EC.

The need to properly report any risks related to products placed on the market to the competent authorities is emphasized in several places, as is the activation of all possible means—by all actors in the distribution chain—to ensure consumer safety in the case of products that could pose a health risk.

A web portal, the Safety Business Gateway, is also established, allowing economic operators and online marketplace providers to submit the information required by Articles 9, 11, and 12 of the Regulation.

Examples of GPSR regulatory applications

Lighter safety
  • EN 13869 — Child-resistant lighters
Safety of childcare articles
  • EN 1400 — Soothers for babies and young children
  • EN 14350 — Childcare articles (drinking equipment and accessories)
  • EN 12586 — Soother holders
Furniture and furnishing safety
  • EN 14749 — Domestic and kitchen storage units
  • EN 12520 — Domestic seating
  • EN 1022 — Furniture stability
Safety of sports and leisure equipment
  • EN 957 — Stationary training equipment
Safety of miscellaneous consumer goods
  • EN 15493 — Candle safety
  • EN 15494 — Candle labeling
  • EN 14059 — Floating articles for swimming
Children’s equipment (domestic use)
  • EN 716 — Children’s cots
  • EN 14988 — Children’s high chairs