Products that are intended for consumers or that are likely, under reasonably foreseeable conditions, to be used by consumers even if they are not intended for them, must comply with the General Product Safety Regulation (GSPR).
This requirement applies to all products, whether new, second-hand, repaired or refurbished.
The GSPR is based on Regulation (EU) 2023/988 on general product safety. It came into effect on 13 December 2024.
This regulation repeals and replaces the European Directive 2001/95/EC of 3 December 2001 on general product safety. As a regulation, it is directly applicable in all countries in the European Union and will not be transposed into Belgian regulations.
New Requirements Based on Your Role in the Distribution Chain
This regulation contains many new requirements. These vary depending on the role of the different economic operators in the distribution chain of products intended for consumers.
On this page you will find the most important requirements for the different roles in the distribution chain of products. This is not a complete description of all obligations. These can be found in Regulation (EU) 2023/988.
Obligations for Manufacturers
As a manufacturer, you must ensure that the product you place on the market meets the general safety obligation. You are responsible for the safety of your products in the EU.
Even if you don’t manufacture yourself a product, you are considered a manufacturer if, as a natural or legal person, you market a product under your own name or trademark and you take the responsibilities of it.
Similarly, if you substantially modify a product, you become the manufacturer for the modified part of the product or for the product as a whole, depending on the modifications made.
Before marketing a product, conduct an internal risk analysis. You should also prepare technical documentation, which you keep and make available to the authorities for 10 years from the date the product was placed on the market. This technical documentation must remain up to date and contain a general description of the product and the main characteristics relevant for the assessment of its safety.
The products you place on the market must be:
- Safe and compliant to the GPSR
- Traceable: indicate your name or trademark, your postal and electronic address
- Identifiable: your products have an identification number such as a type, batch or serial number
- Accompanied by instructions and safety information in the language of the language area where the product is being placed (this information may, in addition, be provided in electronic form).
In addition, you must:
- Make communication channels available to consumers so they can file complaints or notify you of any accident or safety problem with your product
- Maintain an internal record of complaints, accidents and product recalls
- Take the necessary corrective measures and inform the market surveillance authorities through the Safety Business Gateway access point if you discover that a product already on the market is unsafe
- Inform consumers in case of a product recall for safety-related purposes
- Cooperate with the market surveillance authorities
- Assign an economic operator established in the EU who will be responsible for products placed on the Union market if you are not established in the EU.
Obligations for Importers
As an importer, you must ensure that the product you are bringing to market is safe.
The products you import and place on the market must be:
- Compliant to the general safety obligation
- Traceable: in addition to the manufacturer's identification data, indicate your name or trademark as well as your postal and electronic address
- Identifiable: products must have an identification number such as a type, batch or serial number
- Accompanied by instructions and safety information in the language of the language area where the product is being brought to market.
In addition, you must:
- Store a copy of the technical documentation drawn up by the manufacturer and make it available to the authorities for 10 years from the date on which the product is traded
- Ascertain whether any communication channels are available to consumers
- Investigate any complaints received, accident information and product recalls and record them in the manufacturer's internal register or in your own register
- Inform the manufacturer, ensure that the necessary corrective measures are taken and inform the market surveillance authorities through the Safety Business Gateway if you discover that a product already being traded is unsafe
- Inform consumers in case of a product recall for safety-related purposes
- Cooperate with the market surveillance authorities.
Obligations for Distributors
As a distributor, you must verify that the manufacturer or importer has fulfilled its obligations regarding traceability, safety instructions and information. You must also cooperate with market surveillance authorities. In addition, you must notify the manufacturer or importer if you believe a product is dangerous.
Obligations for Authorised Representatives
The manufacturer may appoint an authorised representative but this is not an obligation. However, this must be done by written mandate.
As an authorised representative, you perform the tasks specified in the written mandate you received from the manufacturer. You must provide a copy of this mandate to the authorities upon request.
Obligations for Economic Operators in case of distance sales
When marketing products online or through other forms of distance sales, the offer must clearly and visibly state the following information:
- Identification and contact details of the manufacturer
- Identification and contact details of the economic operator established in the EU who is responsible for the products if the manufacturer is not located in the EU,
- Elements of identification of the products,
- Warnings or safety information on the product or packaging in the language of the language area where the product is being marketed.
Providers of online marketplaces now have specific product safety obligations.
Which Products does Regulation (EU) 2023/988 Apply to?
The general safety obligation provided for in the GPSR applies to products intended for consumers. Products that are initially designed for professional use but can be purchased by consumers must also comply with the GPSR.
The GPSR complements other specific EU safety regulations. When EU law imposes specific safety requirements on products, the GPSR covers other aspects and risks that are not addressed by these requirements in order to ensure that all products are safe. Where Union law does not impose such requirements, the GPSR fully applies.
However, the GPSR provides for a list of exclusions. Furthermore, it does not apply to products that need to be repaired or reconditioned before they can be used, provided that they are made available on the market and clearly marked as such.
Products intended for consumers that were placed on the market before 13 December 2024 and that complied with the old regulation may remain on the market. This is the Code of Economic Law, Book IX relating to the safety of products and services, which contains the transposition of European Directive 2001/95/EC of 3 December 2001 concerning the general safety of products and which will later be adapted.
Some Categories of Consumer Products
For each of these products, please see some additional information.
