Does the GPSR apply to products already on the market before December 13 2024?

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Jason van de Zande

The General Product Safety Regulation (EU) 2023/988 (GPSR) applies from 13 December 2024 to consumer products that are placed on, or made available on, the EU market from that date onward. Products that were already made available on the EU market before 13 December 2024 can generally continue to be supplied under the previous rules, but authorities can still check and restrict them if they are unsafe. The key is understanding what “made available” means and documenting when each product was first made available on the EU market.

Does the GPSR apply to products already on the market before 13 December 2024?

In most cases, GPSR obligations depend on timing, meaning the GPSR applies to products made available on the EU market from 13 December 2024. If a product was already made available on the EU market before that date, it can generally continue to circulate under the prior framework, as long as it was compliant at the time and remains safe.

That said, “grandfathering” does not protect unsafe products. National market surveillance authorities can still request information, test products, and order corrective actions, including withdrawal or recall, when they identify safety issues. This enforcement sits within the broader EU market surveillance system, including the Market Surveillance Regulation (EU) 2019/1020 (MSR), which strengthens authorities’ ability to act across Member States.

What does “made available on the market” mean under EU product law?

“Made available on the market” means any supply of a product for distribution, consumption, or use on the EU market in the course of a commercial activity, whether for payment or free of charge. This includes sales through online channels when the offer is directed at EU consumers and the product is supplied into the EU.

It differs from “placing on the market,” which usually refers to the first time a product is supplied on the EU market. For GPSR applicability, the timing question often becomes practical: when was this SKU first supplied into EU distribution or to an EU consumer? Evidence can include first EU sales invoices, shipping records, customs release documentation, fulfilment intake records, or distributor purchase orders.

What should sellers do for stock and listings that span the 13 December 2024 changeover?

If you sell the same product before and after 13 December 2024, treat the changeover as a compliance checkpoint. Your goal is to separate “pre-” and “post-” market availability by SKU and ensure that anything supplied from 13 December 2024 meets GPSR requirements, including distance sales information duties.

  • Map each SKU’s EU timeline: document the first date it was placed on the EU market and whether current stock is being newly supplied after 13 December 2024.
  • Confirm an EU Responsible Person is designated where required, especially for distance sales and marketplace listings, and ensure the RP details are correctly displayed where the rules require product traceability information.
  • Update consumer-facing safety information: warnings, instructions, and safety information should be clear and in the languages required for the Member States where you target consumers.
  • Check traceability and listing fields: align product identifiers, manufacturer contact details, and RP contact details across packaging, documents, and online listings to avoid mismatches that trigger platform or authority questions.
  • Keep technical documentation accessible: maintain an organized file per SKU so you can respond quickly to authority requests for safety-related documentation.
  • Prepare recall and accident workflows: establish internal steps for investigating safety complaints, deciding on corrective actions, and communicating with supply chain partners and customers if a recall becomes necessary.

How does EARP help with GPSR applicability for products already on the market?

We help you determine whether the GPSR applies to your specific stock and listings, then put the required EU-side structure in place so you can keep selling with confidence. Our work focuses on practical evidence, documentation readiness, and serving as the EU economic operator that can act as your Responsible Person.

  • Responsible Person services aligned with the GPSR and Article 4 of the MSR, including notifying the manufacturer of risks when identified
  • Documentation presence and completeness checks, plus secure technical documentation storage and fast retrieval for authority requests
  • Support for marketplace and web listing readiness, including traceability and contact detail consistency
  • Liaison with national market surveillance authorities when they request information

See our services, or contact us to review your SKUs and confirm what needs to change for EU supply after 13 December 2024.

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