GPSR

GPSR

The Regulation (EU) 2023/988 on general product safety (GPSR) sets essential rules to ensure that every product sold on the European Union market is safe.

Since 13 December 2024, this Regulation has replaced the previous Directive, introducing specific obligations for all economic operators along the supply chain, from manufacturer to distributor. The primary goal is to raise the level of consumer health protection.

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    Ing. Antonio Gargasole

    AUTHOR: ING. ANTONIO GARGASOLE

    Expert consultant in non-food product compliance.

    20 years of direct experience in European Large-Scale Retail.

    I help companies prevent risks and penalties.

    EU Regulation 2023/988: what you need to know

    Since 13 December 2024, the European Union market has been governed by Regulation (EU) 2023/988 on general product safety, known as the GPSR (General Product Safety Regulation).

    This legislation replaces Directive 2001/95/EC, introducing a more stringent and modern framework. The main objective of the GPSR is to ensure a high level of consumer protection by setting clear principles and obligations for all operators. Understanding the fundamentals of this Regulation is the first step to ensuring your products’ compliance.

    Key principles of the GPSR

    To approach the new regulatory framework strategically, it is essential to understand the pillars on which the GPSR is based. These principles define the spirit of the law and guide the interpretation of obligations for each economic operator. Keeping these core concepts in mind allows you to organise internal processes proactively and in compliance.

    • Every product must be safe: any product intended for EU consumers—or reasonably foreseeable to be used by them—must be safe.

    • Safety covers all product aspects and all risks: the safety assessment must cover every component, including information, instructions and warnings. It extends to all potential risks to health (physical, mental, environmental), with particular focus on vulnerable users (children, older people, persons with disabilities).

    • All economic operators are subject to obligations: no operator is exempt. Regardless of size and turnover, every actor in the chain has specific responsibilities according to their role and may be sanctioned in case of non-compliance.

    These principles make it clear that safety is not optional but a fundamental requirement that every economic operator must ensure through a structured process.

    This is explicitly required by Article 14 of the Regulation:

    Internal processes for product safety

    Economic operators shall ensure that they have internal processes for product safety in place, allowing them to comply with the relevant requirements of this Regulation.

    How is a product’s safety ensured?

    The GPSR requires a continuous, documented process that goes far beyond a simple supplier self-declaration or the absence of complaints. It is an ecosystem of interlinked activities that accompany the product throughout its life cycle.

    Safety ecosystem under the GPSR

    The key elements of this process include:

    • Design: the initial stage where the foundations are laid to achieve the high level of safety required by the Regulation.

    • Risk analysis: a core activity whereby the manufacturer must identify, assess and mitigate the product’s inherent risks. A sound risk analysis within the context of the Regulation is the basis of any compliance pathway.

    • Technical documentation: the approach adopted to ensure safety must be formalised in a technical file, demonstrable and available to the authorities.

    • Labelling: complete and correct information on the product and packaging ensures traceability, protecting both consumers and economic operators.

    • Instructions and safety information: users must receive clear, complete and understandable instructions for safe use of the product.

    • Compliance management systems: economic operators are required to implement internal processes to manage and constantly monitor product safety.

    • EU Responsible Person: each product must have an economic operator established in the EU designated as a point of contact and guarantor for the market surveillance authorities.

    • Post-market: safety management continues after sale through the collection and analysis of market information to trigger any corrective actions.

    An accurate risk analysis is the foundation of every safety journey under the GPSR. Further details on methods, tools and responsibilities are available in the section dedicated to the risk analysis in the context of the General Product Safety Regulation.

    Have you correctly covered all these steps?
    Compliance is a chain: just one weak link is enough to invalidate product safety. Download the checklist to verify immediately if your “ecosystem” has any gaps.
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    A shared responsibility along the supply chain

    Responsibility chain under the GPSR

    The GPSR adopts a holistic approach to consumer safety, recognising that it is not exclusively the manufacturer’s task. The Regulation assigns specific and proportionate obligations to each economic operator involved in placing and making products available on the EU market.

    Failure to comply with these obligations exposes all companies, regardless of size, to effective, proportionate and dissuasive penalties.

    A clear allocation of duties across the entire chain aims to ensure that only safe products reach European consumers, creating a stronger and more effective network of control and responsibility.

    Manufacturer

    Any natural or legal person who manufactures a product or has a product designed or manufactured, and markets that product under their name or trademark.

    Key Obligations
    • Ensure safety “by design”: Perform an internal risk analysis before placing on the market.
    • Draw up and keep technical documentation: Must be kept for 10 years and provided to authorities upon request.
    • Affix traceability information: Include product identifier, own name, and contact details.

    Importer

    Any natural or legal person established within the Union who places a product from a third country on the Union market.

    Key Obligations
    • Verify manufacturer compliance: Ensure the manufacturer has carried out the risk analysis and drawn up the technical documentation.
    • Add own contact details: The importer’s name and address must be clearly visible on the product.
    • Do not place non-compliant products: In case of doubt regarding safety, inform the manufacturer and the authorities.

    Distributor

    Any natural or legal person in the supply chain, other than the manufacturer or the importer, who makes a product available on the market.

    Key Obligations
    • Act with due care: Verify the presence of mandatory information on the product before making it available.
    • Inform other operators of risks: Immediately signal any safety issue to the manufacturer or importer.

    Authorised Representative

    Any natural or legal person established within the Union who has received a written mandate from a manufacturer to act on their behalf.

    Key Obligations
    • Act as liaison with authorities: Provide product safety documentation and cooperate upon request.
    • Inform the manufacturer about risks: Immediately signal any suspicion that a product may be dangerous.

    Fulfilment Service Provider

    Any natural or legal person offering services such as warehousing, packaging, addressing or dispatching.

    Key Obligations
    • Can automatically become the Responsible Person: Assumes this role if there are no other operators (manufacturer, importer) established in the EU.

    The Responsible Person in the EU

    Who is the Responsible Person?

    It is mandatory for every product. It can be the manufacturer (if EU), the importer, the authorised representative, or a fulfilment service provider.

    • Be the official contact point in the EU: Their name and contact details must be indicated clearly on the product or its packaging.
    • Verify product compliance: Ensure that technical documentation has been drawn up and is available to authorities.
    • Cooperate and act in case of risks: Inform authorities, cooperate with requests, and ensure corrective measures are taken.
    Tackling the GPSR requires a clear action plan and accurate implementation. Ensuring your products’ compliance is a fundamental strategic investment.
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    Use the Self-Audit Tool (15 critical points) to instantly assess your company’s command of traceability, e-commerce compliance, and post-market management. Every ‘NO’ represents a sanctionable vulnerability you must identify now.

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    Frequently Asked Questions (FAQ)

    1. Does the GPSR apply to all products I import into the EU market?
    Yes. It applies to any product directly intended for EU consumers or reasonably foreseeable to be used by them. The fundamental requirement is that every product placed on the market must be safe.
    2. As an importer, what are my main obligations under the GPSR?
    The main duties are: verifying that the manufacturer has fulfilled its obligations (risk analysis, technical documentation, traceability), affixing your contact details to the product, refraining from placing products considered non-compliant on the market, and cooperating with authorities if safety issues arise.
    3. Are the technical file and risk analysis mandatory for every product?
    Yes. The GPSR requires the manufacturer to perform a risk analysis and prepare technical documentation. The importer must verify that these actions have been completed before placing the product on the market.
    4. What does the risk analysis consist of?
    The risk analysis under the GPSR is a stringent obligation for manufacturers and must be performed for each consumer product before it is placed on the market. The GPSR does not prescribe how it must be carried out but sets minimum aspects to be considered in the product safety assessment: identify all potential hazards the product may present throughout its life cycle; estimate and assess the associated risks; define the solutions adopted to eliminate or mitigate those risks. The primary goal is to minimise risks and demonstrate that residual risk is minimal or negligible.
    5. Do I need individual risk assessments for each manufactured product, or can I assess a whole product type?
    The GPSR does not prescribe the exact methodology for manufacturers’ risk assessments. The obligation is to prepare technical documentation that includes the essential safety characteristics of the product and the results of the internal risk assessment. Each product must have such documentation. Using, for example, a shared model with minor changes for each item may be acceptable on a case-by-case basis; what matters is that relevant information is included in the technical file.
    6. If I import a product from a non-EU country and replace the packaging and/or labelling with my brand, am I still legally the importer?
    No. Anyone placing a product on the market under their own name or trademark is legally considered a manufacturer and is subject to the corresponding obligations.
    7. What does “EU Responsible Person” mean, and do I need one?
    The “EU Responsible Person” is an economic operator established in the Union (EU manufacturer, importer, authorised representative or logistics provider) who acts as guarantor and point of contact for the authorities. Every product placed on the EU market must have an EU Responsible Person. If importing from a non-EU country, the importer fulfils this role.
    8. What happens if a product I imported turns out to be unsafe?
    If a product is found to be dangerous, you must immediately take corrective measures (e.g., withdrawal/recall) and inform the authorities, consumers and the manufacturer of the risk identified.
    Author: Engr. Antonio Gargasole · Last updated: 18 November 2025