[EVERBIZ EU Regulations Column] Which Products Fall Under the EU GPSR? Why Do Some Consumer Products Need CE Marking and Others Don’t?

1. Why do some products need CE marking and others don’t?

Many clients ask us:

“They are all consumer products – so why does an electric kettle need the CE mark, while a PVC storage bag or a silicone spoon does not?”

This is not anyone’s oversight; it is because:

The EU product safety legal framework has two layers:

One layer is “sector-specific legislation”

which requires products to bear the CE marking, such as:

• Toy Safety Directive 2009/48/EC

• Low Voltage Directive LVD 2014/35/EU

• Electromagnetic Compatibility Directive EMC 2014/30/EU

• Machinery Regulation (EU) 2023/1230

• Radio Equipment Directive RED 2014/53/EU

• Medical Device Regulation MDR (EU) 2017/745

• Personal Protective Equipment PPE Regulation (EU) 2016/425

The other layer is “horizontal legislation” on general safety

namely Regulation (EU) 2023/988, the General Product Safety Regulation (GPSR) – applicable since 13 December 2024 and replacing the former Directive 2001/95/EC, the General Product Safety Directive (GPSD) – which applies to consumer products not covered by any CE directive.

2. What is the GPSR (General Product Safety Regulation)?

Full title: Regulation (EU) 2023/988 on General Product Safety, abbreviated GPSR. Adopted in May 2023 and applicable since 13 December 2024, it replaces the GPSD adopted in 2001 and ensures that all consumer products placed on the market are “basically safe”.

The core requirement of the GPSR is:

“All products sold to consumers on the EU market must not present a risk to the health and safety of consumers under normal or reasonably foreseeable conditions of use.”

It is therefore a “safety-net law”: when your product is not covered by any CE directive, it must meet the general safety requirements of the GPSR.

3. Which products fall under the GPSR?

Summary:

• Products with a “specific directive” → must bear the CE mark;

• Products without a specific directive → follow the GPSR;

• The GPSR is the minimum threshold for product safety;

• It issues no certificates and involves no NB (notified body), but safety assessment records must be kept.

4. Main GPSR requirements for companies

Even though the GPSR does not require CE marking, that does not mean “no requirements”. Manufacturers and distributors must ensure product safety and have the following measures in place:

Product safety assessment

Manufacturers should analyse possible product risks (chemical, mechanical, thermal, electrical, misuse, etc.) and take control measures. We recommend preparing a General Product Safety Assessment Report.

Labelling and information requirements

• The product should show the manufacturer’s name and address;

• Manufacturers outside the EU must designate a responsible economic operator in the EU (such as an importer or authorised representative), whose name and contact details must be shown on the product, its packaging or accompanying documents;

• Include model or batch traceability information;

• Include safety warnings (where applicable), in the official language of the country of sale.

Testing and verification

• Basic safety testing to applicable EN/ISO standards is recommended.

• Keep test reports or third-party testing records.

Market surveillance and recall mechanism

• If a product is found to be unsafe, withdraw or recall it immediately;

• Notify the EU competent authorities (via the Safety Gate system, formerly RAPEX; businesses report through the Safety Business Gateway);

• Keep records of complaints and incidents.

5. Summary table: CE certification vs the GPSR

6. EVERBIZ compliance recommendations

When advising clients, we usually use the following decision flow:

Product → medical purpose?

│

├─ Yes → MDR → CE marking + GSPR + NB review

│

└─ No → electrical, machinery, radio or toy?

        │

├─ Yes → corresponding CE directive (LVD, EMC, RED, Toy, etc.)

│ → CE marking + Declaration of Conformity

        │

└─ No → not covered by any CE directive → GPSR applies

→ No CE marking, but product safety assessment, labelling and recall procedures are required

7. Summary: the GPSR is an “invisible safety guardrail”

Even if your product does not need CE marking, that does not mean you can sell it freely. EU regulators will still require you, under the GPSR, to:

• Prove the product is “safe”;

• Explain how product risks are controlled;

• Demonstrate recall and complaint handling mechanisms.

In other words:

The GPSR involves no certificate to check, but carries very heavy responsibilities.

If your product injures a consumer, the authorities will still hold you liable under the GPSR!

Download link:

Regulation (EU) 2023/988 on general product safety

https://eur-lex.europa.eu/eli/reg/2023/988/oj

Support from EVERBIZ

For clients exporting to the EU market, we can provide:

• A GPSR product safety assessment report template;

• Risk analysis and control measure recommendations;

• Compliance review of labels and instructions;

• Product recall SOP (standard operating procedure) development;

• Consulting on CE certification and GPSR route analysis.