Does the new EU product safety law apply to products I made before it came into force?

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Jason van de Zande

Yes. The General Product Safety Regulation (EU) 2023/988 (GPSR) can apply to products you manufactured before it became enforceable if you place those products on the EU market on or after 13 December 2024. What matters is typically the moment of placing on the market, not the manufacturing date.

The key nuance is whether your units were already placed on the EU market before 13 December 2024, or whether you are still making them available in the EU after that date through sales, listings, or shipments. In 2026, online marketplaces and market surveillance checks make this distinction especially important for non-EU sellers.

The questions below break down GPSR transitional provisions, what happens with old stock, and what to update in your EU product safety compliance documentation.

Does the EU GPSR apply to products manufactured before it became enforceable?

Yes, the GPSR can apply to products manufactured before 13 December 2024 if those products are placed on the EU market on or after that date. The manufacturing date alone does not exempt a product. GPSR transitional provisions focus on when the product first enters EU market supply, including distance sales to EU consumers.

For most sellers, the practical rule is simple: if you are still introducing units into the EU market after 13 December 2024, you should assume GPSR obligations apply unless you can clearly show the units were already placed on the EU market before that date.

This is where terminology matters:

  • Manufactured means the unit was produced, packaged, or finished.
  • Placed on the market generally means the first time a product is supplied for distribution, consumption, or use on the EU market in the course of commercial activity.
  • Made available covers subsequent supply, such as reselling or continuing to offer the product through listings and fulfillment.

If you are a non-EU manufacturer or e-commerce seller shipping directly to EU consumers, you often have no EU importer or distributor that can naturally take on compliance tasks. That is why the EU Responsible Person requirement becomes a central operational issue under the GPSR for many businesses.

What if I keep selling old stock after the GPSR start date?

If you keep selling old stock after 13 December 2024, GPSR obligations can still apply because the relevant trigger is often the act of placing products on the EU market or making them available in the EU. Old stock is not automatically grandfathered. You should treat continued EU sales, listings, and shipments as compliance-relevant events.

In practice, sellers run into problems when they assume that inventory produced earlier can be sold indefinitely without updates. Marketplaces may request proof that an EU-based economic operator is designated and that required safety information and traceability details are in place.

To reduce risk, take these steps for any pre-existing inventory you still plan to sell into the EU:

  1. Segment inventory by market pathway: units already placed on the EU market before 13 December 2024 versus units that will be newly introduced after that date.
  2. Check your listings and packaging: ensure required warnings, instructions, and traceability details are present and consistent across online and physical materials.
  3. Confirm you can produce documentation quickly: authorities can request your EU product safety compliance documentation, and delays can lead to enforcement actions.
  4. Define a process for safety signals: track complaints and accidents, assess whether they indicate a product safety issue, and escalate internally.

If you cannot clearly demonstrate that specific units were placed on the EU market before 13 December 2024, it is safer to align those units with GPSR expectations before continuing EU sales.

Which documents and labeling details should be updated for pre-existing products?

For pre-existing products, you should update your EU product safety compliance documentation and labeling so the product remains safe, traceable, and supportable under GPSR expectations. Focus on clear product identification, manufacturer contact details, required warnings and instructions, and a documentation set that can be provided to authorities upon request.

GPSR does not create a single one-size-fits-all file, but it does raise the bar on being able to demonstrate safety and provide information quickly. A practical update checklist includes:

  • Product identification and traceability: model, type, batch or serial where applicable, and consistent identifiers across packaging and listings.
  • Manufacturer details: accurate name, postal address, and contact channel so authorities and consumers can reach the responsible business.
  • EU economic operator details: where required, include the EU-based economic operator information that fulfills the GPSR Responsible Person function.
  • Warnings and instructions: in appropriate languages for the target Member States, aligned with foreseeable use and misuse.
  • Safety assessment and supporting evidence: rationale for why the product is safe, including design considerations, known hazards, and any testing or standards used where relevant.
  • Complaint and accident handling process: internal steps to capture, evaluate, and act on safety-related feedback.

Also consider your online product pages. If your listing omits required safety information or traceability details, platforms may restrict the offer even if the physical product packaging looks acceptable.

Finally, keep role boundaries clear. Under the Market Surveillance Regulation (EU) 2019/1020 (MSR), the Responsible Person role is fulfilled by an economic operator and has specific duties, including informing the manufacturer when risks are identified. Separate obligations can apply to an authorized representative when one is appointed, and an authorized representative is not mandatory in all cases, while a Responsible Person is required for many non-EU sales models.

How EARP helps with EU GPSR compliance for products made before the law took effect

We help non-EU manufacturers and online sellers stay compliant when selling products made before 13 December 2024 by putting the right EU-based regulatory setup in place and making documentation readiness practical. This includes meeting the EU Responsible Person requirement and ensuring your GPSR-related documentation and labeling can be produced quickly if authorities or marketplaces ask.

  • EU Responsible Person services aligned with GPSR obligations for non-food consumer and industrial products
  • Documentation readiness support to verify the presence and completeness of required product safety documents and keep them available for authority requests
  • Clear role guidance to avoid confusion between manufacturer, importer, authorized representative, and Responsible Person responsibilities
  • Operational continuity through an independent compliance partner focused on regulatory representation rather than commercial distribution

To discuss your specific product and sales pathway, review our EU compliance services or contact EARP to get started.

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