Overview
The General Product Safety Directive 2001/95/EC (GPSD) established a general safety requirement for consumer products placed on the EU market. It applied to products not covered by specific sector legislation, ensuring that only safe products are sold. As of 13 December 2024, the GPSD is superseded by the General Product Safety Regulation (EU) 2023/988 (GPSR), which strengthens and modernizes the framework. However, transitional measures allow products placed on the market before that date to continue circulating until 13 December 2026.
Timeline
- 15 January 2004: GPSD entered into force and became applicable.
- 13 December 2024: GPSR supersedes the GPSD; new obligations apply from this date.
- 13 December 2026: End of transitional measures; products placed on the market before 13 December 2024 may still be sold until this date.
Who is affected / Scope
The GPSD applied to all consumer products intended for consumers or likely to be used by them, unless specific sector legislation (e.g., toys, electronics) already covered the risks. This included manufacturers, importers, distributors, and retailers placing products on the EU market. The GPSR now extends and clarifies these obligations, but the scope remains broadly similar: all consumer products not subject to specific safety requirements.
Key obligations
- Ensure products placed on the market are safe under normal or reasonably foreseeable use.
- Provide adequate information to consumers to assess risks and take precautions.
- Adopt measures to avoid risks, including withdrawal, recall, or warning.
- Cooperate with market surveillance authorities and keep documentation of risk assessments.
- For the GPSR: conduct internal risk assessments, establish technical documentation, and appoint a responsible person in the EU.
What it means for your business
If your company places consumer products on the EU market, you must now comply with the GPSR, not the GPSD. The GPSR introduces stricter requirements, such as mandatory risk assessments, technical documentation, and clear traceability. You should review your current compliance processes to ensure alignment with the GPSR. Products placed on the market before 13 December 2024 can still be sold until 13 December 2026, but new products must fully comply with the GPSR.
Verification checklist
- Confirm whether your products fall under the GPSR scope.
- Ensure you have a responsible person established in the EU.
- Conduct a risk assessment and prepare technical documentation for each product.
- Verify that your products bear traceability information (e.g., batch number, manufacturer details).
- Review your incident reporting and recall procedures to align with GPSR requirements.
- For products placed before 13 December 2024, plan for the end of the transitional period on 13 December 2026.