Italy is about to approve the legislative decree introducing the penalty regime for the General Product Safety Regulation (GPSR).
With entry into force expected by March 2026, economic operators must prepare for a severe regulatory framework.
The new GPSR penalties include fines up to €150,000, administrative sanctions up to €40,000, and in the most serious cases, criminal consequences involving arrest.
Complying with Regulation (EU) 2023/988 is no longer an option, but an imperative to continue operating on the Italian market.
What does the new GPSR implementation decree introduce?
The decree rewrites part of the Consumer Code (Legislative Decree 206/2005), making new surveillance tools mandatory and clarifying critical rules for those selling products in Italy.
Although Regulation (EU) 2023/988 is already applicable throughout the European Union, it is this national decree that defines the operational framework for Italy, establishing specific penalties and designated control authorities.
This makes it a crucial regulatory step for all economic operators, transforming the regulation’s principles into concrete and sanctionable obligations.
The most significant changes to the Consumer Code include:
- Scope of application: The old national legislation implementing Directive 2001/95/EC is eliminated. The new Art. 102 establishes that the rules apply to all products defined by the GPSR (including those sold online) not covered by specific sector regulations (e.g., toys or machinery have their own rules, but the GPSR applies for residual risks).
- Mandatory Italian language: The non-derogable obligation to provide warnings, safety instructions, and information intended for consumers (e.g., product recall notices) in Italian is reiterated.
- Digital surveillance: The use of the Safety Business Gateway becomes the mandatory channel for companies to report incidents and dangerous products to authorities. The digitization of surveillance makes communications traceable and omissions easily identifiable.
Powers to authorities: The Customs Agency and the Guardia di Finanza gain direct access to the European rapid alert system (Safety Gate). This enhancement is not a simple update: it gives them the ability to block non-compliant goods before they even enter the market, based on reports from all over Europe.
In practice, this means market surveillance becomes more pervasive and digitized, closing many of the gaps that previously allowed the circulation of non-compliant products.
These regulatory changes bring with them their logical consequence: a new and severe penalty regime designed to punish negligence and ensure compliance with the rules.
What are the new GPSR penalties starting from 2026?
The new Article 112 of the Consumer Code introduces a two-level punitive system, distinguishing between substantial safety violations (with criminal risk) and formal non-compliance.
The heart of the reform lies in the definition of precise and severe penalties establishing that compliance is a non-negotiable requirement for operating on the market.
The distinction between formal and substantial offenses allows authorities to modulate the penalty response based on the gravity of the conduct, striking hardest at those who put consumer safety at risk.
| Illicit Conduct | Involved Subjects | Sanction Type | Amount or Penalty |
|---|---|---|---|
| Placing or making available on the market a dangerous product | Manufacturer, Importer, Distributor, Logistics Service Provider | CRIMINAL |
Arrest: 6 months – 1 year Fine: €10,000 – €100,000 (Up to €150,000 if the risk is grave) |
| Failure to draw up technical documentation and risk analysis | Manufacturer, Importer | ADMINISTRATIVE | €2,500 – €25,000 |
| Violation of formal obligations (labels, contacts, language, internal processes) | All operators | ADMINISTRATIVE | €2,500 – €25,000 |
| Failure to cooperate with Authorities or failure to notify incidents | All operators | ADMINISTRATIVE | €4,000 – €40,000 |
| Non-compliance with an Authority’s order | All (including online Marketplaces) | ADMINISTRATIVE | €3,000 – €30,000 |
ADMINISTRATIVE PENALTY FOR NON-COMPLIANT LABELING
Reduced fine amount calculated under Law 689/81 (lower of double the minimum fine and 1/3 of the maximum):
• Until today: € 1,032 (double € 516)
• New regime: € 5,000 (double € 2,500)
These penalties are not directed only at manufacturers but extend precisely to every link in the supply chain, making all operators responsible for the safety of the products they handle.
In addition to official checks, the decree values citizen participation: consumers will be able to report products deemed dangerous to authorities directly through the Consumer Safety Gateway portal, with the obligation for surveillance authorities to verify the validity of the report and provide the reporter with precise feedback on the outcome of the investigations.
Products placed on the market before December 13, 2024, may continue to be distributed to the final consumer without time limits, until stocks are exhausted, provided they comply with the old Directive 2001/95/EC.
The proceeds from these penalties will be assigned to the budget of the market surveillance authorities: this self-financing mechanism will inevitably lead to a considerable intensification of control activities and inspections throughout the national territory.
Who risks the most? Responsibilities of economic operators
The legislator has adopted an unequivocal principle: responsibility for safety is diffuse and joint.
The wording of the future Art. 112 (Penalties), “the economic operator who places on the market or makes available dangerous products, in violation of the general safety obligation referred to in Article 102, paragraph 1, is punished with arrest from six months to one year and with a fine from 10,000 euros to 100,000 euros“, is such as to actively involve every economic operator, from the manufacturer to the retail shopkeeper.
From manufacturers to distributors, no one can consider themselves exempt from obligations and penalties.
The Manufacturer: safety “by design”
The manufacturer is the primary person responsible for the product and the one who must guarantee its safety from the design phase. The law imposes a proactive approach: it is not enough for the product to “work”, but it must be accompanied by documentary proof of its harmlessness. They are the only figure obliged to draw up the risk analysis and the technical file, documents they must keep for ten years and which constitute their main line of defense (or accusation) in case of checks.
The Importer: the guarantor without excuses
The importer is, together with the manufacturer, the most exposed figure. Acting as the first point of entry of the product into the European market, the law attributes to them the role of guarantor of safety. They cannot invoke “good faith” or blame the foreign supplier since they have a burden of active and substantial verification.
Practical case: an importer places a seasonal decorative item on the Italian market.
If this lacks the technical file and risk analysis (e.g., it may be attractive to children), they risk an administrative fine from €2,500 to €25,000.
However, if the same product proves to be dangerous and causes an accident (e.g., detachment of small parts and ingestion by a child under 3 years of age), the importer risks arrest and a fine up to €100,000.
The Distributor: a control not only formal
Even distributors, including retail shopkeepers, have precise responsibilities. Although their duty of control is mainly formal (verification of labels, presence of manufacturer and EU responsible person contacts, packaging integrity), they can incur criminal liability if they sell a product that turns out to be dangerous, unless they can demonstrate having exercised the maximum possible diligence in their controls and that the safety defect was “hidden”, i.e., not recognizable through a standard examination of the product and its basic documentation.
The analysis of these risks makes evident the need to adopt a proactive approach and implement concrete preventive measures to map and mitigate one’s responsibilities.
State of the art and timeline (update to January 31, 2026)
- Current status: the legislative decree scheme, Government Act no. 368, is in the final phase of the parliamentary process.
- Opinion deadline: the final deadline for the expression of mandatory opinions by the competent Commissions of the Chamber and Senate is set for February 18, 2026.
- Final approval: once the opinions are acquired (or the deadline has passed), the Government will proceed with the definitive approval of the text in the Council of Ministers.
- Publication forecast: it is reasonable to expect publication in the Official Gazette between the end of February and the first ten days of March 2026.
- Entry into force: the decree will become operational the day after publication in the Official Gazette.
Italy is closing the circle on the implementation of the GPSR with a penalty regime that does not forgive negligence. Compliance is not an accessory cost, but the insurance policy for the company’s survival on the market.
The transition from “reactive” to “preventive” compliance is more necessary than ever!
Frequently Asked Questions (FAQ)
When do the new GPSR penalties come into force in Italy?
Approval of the decree is expected between late February and early March 2026. However, authorities are already carrying out checks based on the EU Regulation; the decree will only provide the specific penalty instrument.
Does a distributor also risk criminal penalties like an importer?
Yes. If they sell a product that turns out to be dangerous, they fall under the same criminal offense. They can defend themselves only by demonstrating maximum diligence in formal checks and that the defect was hidden and not recognizable.
Must product warnings necessarily be in Italian?
Yes. The new Art. 104 of the Consumer Code establishes the non-derogable obligation of the Italian language for warnings, instructions, and safety information intended for consumers.
What do I risk if I don’t report a dangerous product through the Safety Business Gateway?
You risk an administrative fine ranging from €4,000 to €40,000 for lack of cooperation or failure to notify incidents, as provided by the new penalty regime.
Are product test reports sufficient to be compliant?
No. Test reports alone are not enough. It is mandatory to have a complete technical file that includes a specific and updated risk analysis for each product.
Do you need support for your product compliance?
Don’t let compliance become an obstacle.
I am also available for an informal, no-obligation conversation.
