Navigating the EU single market under GPSR

Breaking through regulatory barriers in the EU

With the General Product Safety Regulation (GPSR) (EU) 2023/988, which applies since 13 December 2024, the bar has been raised even higher. Stricter safety, traceability and reporting obligations mean that businesses risk fines, recalls and market bans if they fall short. Recalls and sales bans are measures that market surveillance authorities can order. Fines follow from the penalty rules that each member state lays down (Art. 44 GPSR).

Representa GmbH helps companies overcome these challenges, ensure compliance and secure market access faster.

1. National labeling differences

What is legally compliant in Germany may not meet requirements in France. Recycling logos, food packaging rules and safety instructions vary widely. GPSR requires instructions and safety information in a language that consumers can easily understand, as determined by the member state in which the product is made available (Art. 9(7)).

GPSR also requires the safety assessment to take into account the categories of consumers using the product, in particular vulnerable consumers such as children, older people and persons with disabilities (Art. 6(1)(e)). For some products, this determines which warnings are needed and how they are worded.

2. Conflicting rules for goods and materials

A substance may be considered waste in one country and a resource in another, creating supply chain bottlenecks. Traceability adds to the paperwork: GPSR requires a type, batch or serial number on the product (Art. 9(5)), and economic operators must be able to name, on request, who supplied them and to whom they supplied the product (Art. 15(3)).

3. Certification and licensing delays

Notified bodies and test laboratories across the EU face backlogs, which can delay CE marking and product certifications for months.

GPSR adds reporting duties. Manufacturers must notify accidents caused by their products through the Safety Business Gateway without undue delay (Art. 20). If they have reason to believe that a product is dangerous, they must immediately take corrective measures, inform consumers and notify the authorities (Art. 9(8)). The deadline of two working days in GPSR applies to online marketplaces acting on orders from authorities (Art. 22(4)), not to manufacturers.

4. Market fragmentation and trade barriers

Diverging national interpretations of EU law create uneven market conditions, while large suppliers sometimes impose sourcing restrictions on retailers.

5. Marketplaces check the product information

Products offered online must show the manufacturer's name and contact details, the Responsible Person for manufacturers outside the EU, information identifying the product and any warnings or safety information (Art. 19). Online marketplaces must design their interfaces so that traders can provide this information (Art. 22(9)). In practice, online marketplaces ask for these details when a product is listed, so gaps often become visible there before an authority gets involved.

GPSR: new obligations at a glance

The General Product Safety Regulation (EU) 2023/988 introduces:

• Mandatory risk assessments, including foreseeable misuse: an internal risk analysis before the product is placed on the market (Art. 9(2)), measured against normal or reasonably foreseeable conditions of use (Art. 3(2)).
• Clear instructions and safety information for consumer products, in a language determined by each member state (Art. 9(7)).
• An economic operator established in the EU for products of manufacturers outside the EU, often an EU Authorized Representative acting as Responsible Person (Art. 16).
• Notification of accidents through the Safety Business Gateway without undue delay (Art. 20).
• Traceability information on the product or, where its size or nature does not allow it, on the packaging or in an accompanying document (Art. 9(5)).
• Penalties laid down by each member state, which must be effective, proportionate and dissuasive (Art. 44), in addition to measures such as recalls and market bans.

How we help

• Labeling: Representa reviews packaging, labeling and user manuals so that they are compliant across the EU markets you sell in.
• Goods and materials: We provide compliance roadmaps and advise on supply chain compliance.
• Certification: Representa performs pre-market compliance checks, liaises with certification bodies and supports businesses in meeting GPSR's strict incident reporting requirements.
• Market fragmentation: We assess regulatory risks, support compliance across the EU and advise on GPSR-related distribution agreements.
• GPSR: Representa GmbH provides full GPSR support, from risk assessments and representation to complete implementation.

Conclusion

To succeed in the EU Single Market, businesses must anticipate certification delays, automate compliance and rely on expert partners who can guide them through complex regulations. Representa GmbH helps get your products compliant and ready for a smooth EU market entry.