Does GPSR replace sector-specific safety directives like the Toy Safety Directive?

No, the General Product Safety Regulation (EU) 2023/988 (GPSR) does not replace sector-specific EU safety laws such as the Toy Safety Directive 2009/48/EC. For toys, the Toy Safety Directive remains the main legal framework for essential safety requirements and CE marking. The GPSR works as a horizontal “safety net” that can apply alongside sector rules, especially for risks or aspects not fully addressed by the toy-specific legislation, including certain online sales and traceability duties.

Does the GPSR replace sector-specific EU safety directives like the Toy Safety Directive?

No. Sector-specific harmonisation legislation remains in force, and it takes priority for the risks and requirements it covers. For toys, the Toy Safety Directive 2009/48/EC remains the primary framework for designing, assessing, and documenting toy safety, and it is the basis for CE marking.

The GPSR is a horizontal consumer product safety regulation. It complements sector rules by setting general safety expectations and operator duties across consumer products. In practice, you apply the Toy Safety Directive first for toy-specific essential requirements, then use the GPSR to cover any remaining safety aspects not fully addressed by the toy framework.

When does the GPSR apply to products already covered by a directive or regulation?

The GPSR applies as a gap-filler and safety backstop. If your product is covered by EU harmonisation legislation, that sector law governs the covered risks and compliance route. The GPSR can still matter where the sector law does not address a specific risk, a new use scenario, or certain horizontal obligations linked to consumer product safety and distance selling.

To decide what applies, follow this logic:

Identify the product’s legal category and check whether an EU harmonisation act applies (for toys, the Toy Safety Directive).
Map hazards and requirements covered by that act (mechanical, chemical, flammability, warnings, and so on).
Use the GPSR for uncovered aspects, for example, certain distance-sales information duties and general safety expectations where sector rules are silent.

Also consider your operator role and the enforcement framework under the Market Surveillance Regulation (EU) 2019/1020 (MSR), which requires an EU-based economic operator for many non-food products and supports market surveillance cooperation. For online offers targeted at EU consumers, the GPSR includes specific information expectations for distance-sales listings, and authorities can request documentation and take action if products are unsafe.

What should toy manufacturers and online sellers do to stay compliant under both frameworks?

Use the Toy Safety Directive as your core compliance route for toys, then check GPSR duties that can affect online selling, traceability, and post-market actions. Do not treat the GPSR as a substitute for CE compliance; treat it as an additional layer that can apply to how you sell and manage safety after placing products on the market.

Practical compliance checklist

Confirm classification as a toy (designed or intended, whether or not exclusively, for use in play by children under 14).
Meet Toy Safety Directive essential requirements, including relevant chemical, mechanical, physical, flammability, hygiene, and radioactivity requirements.
Perform the required conformity assessment and testing strategy appropriate to the toy and its hazards.
Compile technical documentation (design, risk assessment, test reports, and supporting evidence) and keep it available for authorities.
Issue an EU Declaration of Conformity under the Toy Safety Directive.
Apply CE marking and ensure traceability markings and manufacturer contact details are correct.
Provide warnings and instructions in the required languages and in a clear, visible way.
Set up post-market surveillance, including complaint handling, accident monitoring, and corrective actions when needed.
For distance sales, ensure the online product offer shows required identification and safety information, including EU-based economic operator details where required.
Ensure an EU-based responsible person is designated where required for non-EU sellers placing products on the EU market, including via online marketplaces.

How EARP helps with GPSR and Toy Safety Directive compliance

We help non-EU manufacturers and online sellers align Toy Safety Directive CE compliance with GPSR and MSR operator requirements, so your EU market access is supported by an EU-based compliance partner.

Acting as your EU responsible person under the GPSR, where applicable
Documentation presence and completeness checks, plus secure technical file storage
Liaison with EU market surveillance authorities and support with information requests
Guidance on aligning technical files and online marketplace listing information with EU expectations
Clear scope support across our services for consumer product compliance

If you want to confirm which obligations apply to your toy listings and supply chain, contact us via our contact page.