EU GENERAL PRODUCT SAFETY REGULATION (GPSR)

Practical Guide for Indian Exporters and EU Importers

This guide covers Regulation (EU) 2023/988 on General Product Safety (GPSR) — the EU's new overarching product safety framework that replaced the General Product Safety Directive (GPSD) from 13 December 2024. GPSR has significant new obligations for non-EU manufacturers, including a mandatory EU Responsible Person requirement that directly affects all Indian exporters of consumer goods to the EU.

1. What Is GPSR and Why It Replaces the GPSD

The General Product Safety Regulation (EU) 2023/988 came into full effect on 13 December 2024, replacing Directive 2001/95/EC (GPSD). It is the baseline product safety framework that applies to all consumer goods placed on the EU market that are not covered by specific EU sectoral legislation (such as CE marking Directives, the Medical Devices Regulation, or the Food Safety Regulation).

Key improvements under GPSR over the old GPSD:

Mandatory EU Responsible Person: Non-EU manufacturers must appoint an EU Responsible Person before placing consumer goods on the EU market. Under the GPSD, this obligation was less clearly defined and less strictly enforced.

Online marketplace obligations: Online platforms (Amazon, eBay, Etsy, Zalando) have specific new obligations under GPSR — they must ensure that products sold by third-party sellers (including Indian sellers) meet GPSR requirements.

Traceability requirements: Products must carry clear identification information enabling traceability back to the manufacturer — batch number, type reference, or serial number.

Digital product labelling: GPSR allows certain mandatory product information to be provided via a QR code or similar digital means where physical labelling is not practical.

Faster market surveillance response: Stronger powers for EU market surveillance authorities to act swiftly on unsafe products — including mandatory cooperation from online marketplaces.

RAPEX becomes Safety Gate: The EU product safety alert system has been renamed Safety Gate — the publicly searchable database of product safety alerts continues to operate and remains a significant reputational risk for non-compliant exporters.

2. Scope — Which Products Are Covered?

GPSR applies to all consumer products placed on the EU market unless they are:

Fully covered by specific EU harmonisation legislation that achieves the same level of safety (e.g. products with CE marking under specific Directives are generally excluded from GPSR for the aspects covered by the Directive — but GPSR may still apply to aspects not covered).

Antiques and second-hand products supplied for repair or reconditioning (where the consumer is clearly informed).

Products intended exclusively for professional use (not covered if there is no consumer use pathway).

Consumer products from India most commonly affected by GPSR include: toys, childcare articles, furniture, home decor, textiles and apparel (not covered by specific CE marking Directives), personal care products (where not classified as cosmetics), sports and leisure equipment, garden equipment, candles, kitchen utensils, jewellery, giftware, and general merchandise sold to EU consumers through any channel (retail, online marketplace, wholesale to retailers).

3. The EU Responsible Person (RP) — The Most Important Change for Indian Exporters

3.1 Who Is the EU Responsible Person?

The EU Responsible Person (RP) is a natural or legal person established in the EU who holds specific legal responsibilities under GPSR on behalf of the non-EU manufacturer. The RP is named on the product or its packaging and is the contact point for EU market surveillance authorities.

Under Article 16 of GPSR, consumer goods from non-EU manufacturers may only be placed on the EU market if one of the following parties is established in the EU and fulfils the RP obligations:

The manufacturer's EU Authorised Representative (if one is appointed).

The importer (the EU-established person who first places the goods on the EU market).

A fulfilment service provider (where neither 1 nor 2 is available — relevant for direct-to-consumer cross-border e-commerce).

In practice, for Indian exporters selling B2B to EU importers: the EU importer is typically the RP. For Indian exporters selling directly to EU consumers through online marketplaces: the fulfilment service provider or the EU-established marketplace may act as RP — but the Indian manufacturer remains responsible for product safety.

3.2 What Must the EU Responsible Person Do?

The EU Responsible Person must:

Verify that the product is safe — that it meets GPSR requirements and, where applicable, applicable EU harmonised standards.

Ensure the product's technical documentation is available to market surveillance authorities on request for ten (10) years after the product is placed on the EU market.

Cooperate with market surveillance authorities — providing all information and documentation necessary for the investigation of a safety concern.

Immediately inform the market surveillance authority and the manufacturer if the RP has reason to believe that a product poses a serious risk — within three (3) working days.

Take corrective action where products under their responsibility are found to be unsafe — including product recalls, market withdrawals, and consumer notifications.

Maintain a register of complaints, recalls, and withdrawals — and make it available to market surveillance authorities on request.

3.3 RP Contact Details on the Product

The EU Responsible Person's name and contact address must appear on or with the product — either physically on the product or its packaging, or in the accompanying documents. A digital format (QR code) is permissible where physical space does not allow printed information. The EU Responsible Person's details must be in the language of the EU member state where the product is sold.

3.4 Finding an EU Responsible Person Service Provider

For Indian exporters who do not have an EU establishment and whose EU buyers decline to act as RP, third-party RP service providers are available. These are typically EU-established consulting firms, regulatory service companies (similar to REACH Only Representatives), or subsidiaries of testing/inspection groups (SGS, Bureau Veritas, Intertek, TÜV). The RP service provider charges an annual fee (typically EUR 500–3,000 per product category) in exchange for carrying the RP obligations.

4. Product Safety Obligations for Indian Manufacturers

4.1 General Safety Requirement

All consumer products placed on the EU market must be safe. A product is presumed safe if it conforms to applicable EU harmonised standards. Where no harmonised standard exists, safety is assessed against: national standards; Commission recommendations; best available techniques; the state of technology; and reasonable consumer expectations.

4.2 Product Traceability

Indian manufacturers must ensure their products can be identified and traced throughout the supply chain:

Each product must carry a type, batch, serial, or model number, or other element allowing its identification. For small or simple products where printing directly on the product is not possible, identification may be on the packaging or an accompanying document.

The manufacturer's name, registered trade name, or registered trademark, and postal address must appear on the product or its packaging.

The EU Responsible Person's name and contact address must also appear.

4.3 Instructions and Safety Information

Products must be accompanied by instructions for safe use and safety information in the language of the EU member state where the product is sold. Instructions must be clear, intelligible, and legible. Digital instructions (via QR code linking to an online resource) are permissible but a physical fallback must be available.

4.4 Serious Risk Reporting

If a manufacturer or RP becomes aware that a product on the EU market poses a serious risk to consumers, they must immediately notify the relevant EU market surveillance authority — within three (3) working days of becoming aware. Notification is made through the EU Safety Gate (safety-business.ec.europa.eu) — the Business Gateway that replaced the former RAPEX business notification portal.

A "serious risk" means any serious risk to the health or safety of persons requiring rapid intervention, including serious risks the effects of which are not immediate. This threshold is lower than it may appear — a product that causes serious injury even to a small number of users may trigger the reporting obligation.

4.5 Online Sales and Direct-to-Consumer

GPSR has specific provisions for online sales:

Indian sellers on EU online marketplaces (Amazon EU, eBay DE/FR/IT, Zalando, Cdiscount) must comply with all GPSR obligations — including the EU Responsible Person requirement.

Online marketplaces have new obligations to verify that products listed by third-party sellers carry RP contact information and comply with GPSR — they can be held liable for unsafe products where they facilitate the sale.

From December 2024, EU online marketplaces are required to proactively check Safety Gate for alerts on products listed on their platform and remove or restrict listings for alerted products.

5. GPSR Compliance Steps for Indian Exporters

Identify whether your product is a consumer product within GPSR scope — exclude products covered entirely by specific CE marking Directives.

Confirm that your EU buyer (importer) is aware of and accepts the EU Responsible Person role — or appoint a third-party RP service provider where needed.

Ensure the EU RP's name and contact address appear on the product, packaging, or accompanying documents — in the language of the destination member state.

Ensure product traceability: batch number, type reference, or serial number on each unit.

Ensure manufacturer's name and postal address appear on the product or packaging.

Prepare product safety technical documentation — retained for 10 years. Minimum content: product description; list of applicable standards; test results; risk assessment; corrective action history.

Establish a product safety complaints and incident monitoring procedure — maintain a register of all complaints and incidents involving the product.

Train the export team on the serious risk reporting obligation — 3-working-day timeline and Safety Gate Business Gateway notification process.

For online marketplace sales: Register on the EU Safety Gate Business Gateway. Ensure product listings include RP contact details as required by the marketplace platform.

Review product labelling for each EU destination member state — language, metric units, RP contact details, and all mandatory product-specific information.

6. GPSR Compliance Checklist

Doc 79 — EU General Product Safety Regulation (GPSR) Guide — Neutral Template