Does the GPSR require CE marking on products?

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Jason van de Zande

The General Product Safety Regulation (EU) 2023/988 (GPSR) does not require CE marking by itself. CE marking is required only when your product falls under specific EU harmonisation legislation, such as rules for toys, electrical equipment, PPE, or medical devices. Many consumer products are not CE marked, but they still must be safe and meet GPSR obligations, including traceability, safety information, and having an EU-based Responsible Person where required.

Does the GPSR require CE marking on products?

No. The GPSR is a horizontal consumer product safety regulation that sets a general rule: only safe products may be placed or made available on the EU market. However, it does not create a CE marking requirement. CE marking comes from separate, product-specific EU harmonisation laws.

If your product is covered by CE legislation, you must follow those rules, and the GPSR can still apply alongside them for safety aspects not fully covered by the harmonised framework. Examples of CE-marking regimes include toys, machinery, electromagnetic compatibility (EMC), low-voltage electrical equipment (LVD), personal protective equipment (PPE), radio equipment, and medical devices.

When is CE marking required for products sold in the EU?

CE marking is required when a product is within the scope of an EU law that mandates it, and the manufacturer completes the required conformity assessment. In practice, CE marking is not a “choice”; it is the legal outcome of falling under the right legislation and meeting its conditions.

Most CE-marked products follow a common compliance pattern:

  1. Confirm the product is covered by one or more CE-marking directives or regulations.
  2. Identify essential requirements and apply relevant harmonised standards where appropriate.
  3. Perform the required conformity assessment (sometimes with a notified body, depending on the product and risk).
  4. Compile technical documentation.
  5. Issue an EU Declaration of Conformity (required under CE legislation, not under the GPSR).
  6. Affix the CE marking and meet labelling and instructions requirements.

Some products have no CE marking at all (for example, many general consumer goods), but they still must be safe under the GPSR.

Special case: in Great Britain, UKCA marking may apply, but CE marking remains the mark for the EU market. Northern Ireland follows different rules under the Windsor Framework, and CE or UKNI marking may be relevant depending on the conformity route.

What does the GPSR require if my product is not CE marked?

If your product is not CE marked, the GPSR still requires you to ensure it is safe under normal or reasonably foreseeable conditions of use. You also need to be able to show how you assessed safety, how you control risks, and how you will act if a safety problem arises after sale.

Key GPSR duties for non-harmonised consumer products commonly include:

  • General safety requirement supported by a documented risk assessment and “safety by design” thinking.
  • Technical documentation that demonstrates product safety (for example, design details, test reports where relevant, warnings, and instructions).
  • Traceability information, including product identification and economic operator details, so authorities and consumers can identify the product.
  • Online offer information: distance sales listings must clearly show required safety and traceability details to EU consumers.
  • Corrective actions when needed, including warnings, withdrawals, and recalls, and using the EU recall notice template where applicable.
  • Accident handling processes, so you can investigate safety-related events and take timely corrective measures.
  • EU-based Responsible Person where required by the Market Surveillance Regulation (EU) 2019/1020 (MSR), so there is an economic operator in the EU that can perform the Article 4 functions.

Under the MSR, the Responsible Person role is fulfilled by an economic operator established in the EU. Among other tasks, it must be able to provide documentation to authorities upon request and must inform the manufacturer if it has reason to believe a product presents a risk, as set out in Article 4 of the MSR.

How does EARP help with GPSR and CE marking compliance?

We help non-EU manufacturers and sellers determine whether CE marking applies, meet GPSR obligations for consumer product safety, and set up the required EU-based economic operator role under the MSR, so products can remain on the EU market with the right documentation and authority-facing processes in place.

  • Acting as your GPSR Responsible Person (economic operator) and EU Authorised Representative where applicable
  • Checking required safety and compliance documentation for presence and completeness, then storing it for authority requests
  • Liaising with national market surveillance authorities and supporting responses to information requests
  • Providing guidance on whether your product falls under CE-marking legislation and what that means for labelling and technical files
  • Supporting traceability and labelling content needed for products and online listings

See our services, or contact us to discuss your product range and the fastest path to GPSR and CE marking alignment for EU sales.

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