Regulations
General Product Safety Regulation (EU) 2023/988: product compliance
GPSR 2023/988: obligations for manufacturers, importers and online sales of technical products, accessories, used and refurbished products.
The General Product Safety Regulation (EU) 2023/988, known as the GPSR, must not be confused with the Machinery Regulation. Depending on the product and its intended use, it can also affect companies that manufacture, import, distribute or sell technical products, including accessories and used or refurbished products sold online. Reference
For a manufacturer the subject of certification must be handled with precision: where there is a specific product safety legislation, such as the Machinery Regulation, that remains the main reference; the GPSR applies to products not covered by specific standards or products that do not fully fall within a sectoral framework.
GPSR: some general information
The GPSR establishes that the products made or made available on the market must be safe. It is a general discipline, designed to cover consumer products and situations where there are no specific EU safety requirements. It does not cancel or replace sectoral regulations such as Machinery Regulation.
In the industrial world the most frequent error is to reason for labels: “it is a machine, so the GPSR does not interest me” or “it is an accessory, so I do not have technical obligations”. The correct assessment starts with the product, the intended use, the predictable user and the applicable regulatory framework.
When it can affect the world machines
The GPSR can become relevant when a technical product does not fully fall within the scope of the Machinery Regulation, or when certain risks are not covered by specific provisions.
A practical example concerns accessories, equipment, spare parts, kits, auxiliary devices, tools or products related to the operation of a machine but not always classified as a machine. In these cases it is necessary to avoid shortcuts and to build a correct regulatory evaluation.
Technical obligations for manufacturers and economic operators
The GPSR requires economic operators to reason about product safety and document design choices. For the manufacturer it means designing and producing safe products, carrying out risk analysis, preparing proportionate technical documentation and providing comprehensible safety instructions and information. Reference
The documentation must not be oversized, but it must be sufficient to demonstrate that the foreseeable risks have been considered. Even in this case, the technical approach is similar to that of machine safety: identifying hazards, assessing risks, defining measures, verifying and communicating the information of use correctly.
- Clear identification of the product, model, batch, series or other traceable element.
- Manufacturer’s data and, when required, the operator responsible in the EU.
- Internal risk analysis and proportional technical documentation.
- Instructions and warnings in the language comprehensible to users of the target market.
- Procedures for handling complaints, accidents, callbacks and corrective actions.
- Control of consistency between product, instructions for use, packaging, online card and commercial documents.
Online sales and mandatory information
An important novelty concerns distance offers. When a product is sold online, the offer must show essential information before purchase: manufacturer data, product identification, image or typology, details of the responsible economic operator in the EU, where applicable and warnings or safety information required.
For technical products this part is often overlooked. Incomplete ecommerce cards, non-representative images, absent instructions for use or unlocalized warnings can become a problem of compliance and not just marketing.
Products used, repaired and refurbished
The GPSR also considers products used, repaired or refurbished, with specific exclusions. For companies that put technical products on the market, the central question is whether the product is still safe, if changes have been made, if the documentation is available and if the user receives correct information.
In the machine sector this theme is intertwined with substantial changes, adjustments, revamping and responsibility of those who put the product in circulation. Each case should be evaluated technically.
Frequently Errors
The GPSR is often underestimated because it is perceived as a “consumer” standard. It can actually touch many technical products.
Assuming that an industrial product is always excluded from GPSR.
Selling technical products online without adequate safety information.
Do not manage instructions and warnings in the target market language.
Remittance on the market used or refurbished products without documented evaluation.
Confuse spare parts, accessories, machine and almost-machine without regulatory analysis.
Do not prepare procedures for accidents, complaints or corrective actions.
How Waves Engineering supports manufacturers
Waves Engineering helps companies correctly frame technical products, accessories, machines, equipment and components compared to applicable regulations. We verify requirements, documentation, instructions, warnings, traceability and consistency of technical and commercial information.
The advantage is to avoid both dangerous underestimates and excessive and confusing applications of the legislation, and if your product falls into the GPSR we can help you to prepare the documentation required to place the product on the market correctly.
FAQ
Does the GPSR replace the Machinery Regulation?
No. The Machinery Regulation remains the specific reference for machines. The GPSR may apply in the absence of specific requirements or for risk aspects not covered by sectoral regulations.
Does GPSR only concern consumer products?
The framework addresses general product safety and can apply to products intended for consumers or reasonably likely to be used by consumers. In some cases, it can also affect technical products, accessories, refurbished products and products sold online.
Is the product card online relevant for compliance?
Yes. For distance sales, information available online before purchase must include required data and safety warnings. It's not just a commercial theme.
