What is the difference between “placed on the market” and “made available on the market” under GPSR?

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Jason van de Zande

Under the General Product Safety Regulation (EU) 2023/988 (GPSR), “placed on the market” refers to the first time a specific product unit is supplied for distribution, consumption, or use in the EU, while “made available on the market” covers every subsequent supply of that same unit within the EU. The distinction matters for identifying the relevant economic operator, determining when compliance must be in place, and understanding how marketplace and supply-chain steps are treated.

What does “placed on the market” mean under the GPSR?

“Placed on the market” means the first making available of a product on the Union market. It occurs when a product is first supplied for distribution, consumption, or use in the EU in the course of a commercial activity, whether for payment or free of charge.

This concept is assessed at the level of each individual product unit, not merely a product model. A unit is “placed” only once, even though it may be resold many times later. In practice, this is the key moment when the product must already meet applicable EU product-safety requirements and when roles such as manufacturer and importer become clear within the supply chain.

What does “made available on the market” mean under the GPSR?

“Made available on the market” means any supply of a product for distribution, consumption, or use on the Union market in the course of a commercial activity. It is broader than “placed on the market” because it includes the first supply and all subsequent supplies.

For the same product unit, “made available” can occur multiple times—for example, when a distributor supplies a retailer, when a retailer supplies a consumer, or when a trader supplies an EU consumer through an online sale. Under the GPSR, the general rule remains the same throughout these steps: only safe products may be placed on the market or made available on the market.

How do you tell whether your activity is placing a product on the market or making it available?

A simple rule works in most cases: the first supply into the EU market is “placed on the market”, and later supplies within the EU are “made available.” The hard part is identifying what counts as the first supply and who is making it.

  • Direct-to-consumer shipment from a non-EU seller: the first supply to the EU consumer is typically the “placing on the market” event for that unit, even if the sale happens online.
  • Sale via an EU importer: the importer’s first supply of the unit into the EU market is “placing on the market,” and later retailer sales are “making available.”
  • Fulfilment by an EU warehouse: storing and dispatching from the EU can change which economic operator is involved and can raise specific role questions, but the first supply of the unit into the EU market is still the “placing” moment.
  • Dropshipping: if the product ships from outside the EU directly to an EU consumer, the first supply into the EU market is still the “placing” event, even if multiple parties are involved in the transaction.
  • Free samples or giveaways: “placing” can occur even free of charge if it is in the course of a commercial activity—for example, promotional distribution.
  • Refurbished or used goods: the GPSR can apply to used, repaired, reconditioned, or refurbished products. A unit can be “placed” again if it is supplied on the EU market as part of a new commercial supply chain for that unit.
  • Digital products with physical components: where a consumer product includes software or connected features, the supply of the overall product unit into the EU market is the “placing” event.

Common pitfalls include (1) confusing an online listing with “making available,” since “making available” is about supply, not advertising alone; (2) assuming the marketplace is automatically the responsible economic operator; and (3) misunderstanding whether an EU importer exists when goods ship directly from outside the EU.

How EARP helps with GPSR “placed on the market” vs “made available on the market” compliance

We help you translate these definitions into a workable GPSR compliance setup, so your supply-chain steps align with the correct legal concept and your EU-based role coverage is clear.

  • We map your sales routes (direct shipping, importer model, fulfilment, marketplaces) to identify the “placing” moment for each product flow.
  • We support GPSR Responsible Person and EU Authorized Representative arrangements, including role clarity aligned with Market Surveillance Regulation (EU) 2019/1020 (MSR) tasks.
  • We check for the presence and completeness of required product-safety documentation, then store it and make it available to authorities upon request.
  • We help align product traceability and contact-point details used on labels and in online listings to reduce avoidable marketplace compliance blocks.

Review our services, then contact us to discuss your products and selling model.

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