The new EU General Product Safety Regulation covers all consumer products on the EU market. Usually, this includes second-hand, repaired, reconditioned, or recycled products, also when provided free of charge. Products placed on the EU market before 13 December 2024 can stay on the market with no new requirements. From 13 December 2024, all provisions of the new Regulation applies.
How does the GPSR apply to second-hand products?
In their recent Q&A, the European Commission clarified how the GPSR applies to second-hand products. Essentially, the requirements differ based on who is selling the product. Economic operators or traders selling second-hand products must ensure that the products comply with the GPSR. Consumers that sell second-hand products have no specific obligations under the GPSR (unless considered economic operators or traders offering products via an online marketplace).
Responsible Person for second-hand products
If second-hand products fall within the GPSR scope, they must have a Responsible Person (Article 16), also if sold online. Companies, whether based in the EU or not, can always appoint an Authorised Representative as Responsible Person (different scenarios are possible). For instance, when non-EU companies sell their products online and do not have an importer, the EU based fulfilment service provider acts as Responsible Person. It is possible to appoint an Authorised Representative that acts as Responsible Person.
Second-hand retailers
Overall, second-hand retailers are subject to the same requirements as “regular” retailers. Retailers are typically considered “distributors”. The GPSR defines “distributor” as “any natural or legal person in the supply chain, other than the manufacturer or the importer, who makes a product available on the market”, where “making 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, whether in return for payment or free of charge”. Distributors, including retailers, are subject to the obligations set in Article 12 of the Regulation.
Are vintage products excluded?
The GPSR does not apply to products to be repaired or reconditioned before being used when they are clearly marketed as such. Additionally, the GPSR also excludes collectible items of historical significance and antiques. The Regulation defines antiques as products – such as collectors’ items or works of art – where consumers cannot reasonably expect that they meet current safety standards.
Importantly, the GPSR only covers safety requirements of products for which there is no other specific product legislation and never covers food, feed, plants and animals, animal by-products, plant protection products, aircraft, and equipment on which consumers ride or travel.
Do you have questions on EU requirements for new or second-hand products? Contact us here or at prodlaw@obelis.net
References:
European Commission (2024). EU General Product Safety Regulation GPSR – Regulation (EU) 2023/988 on general product safety. Retrieved on 13/02/2025.
European Commission (2024). EU General Product Safety Regulation Frequently asked questions (FAQ). Retrieved on 13/02/2025.
European Commission (2022). The ‘Blue Guide’ on the implementation of EU product rules 2022. Retrieved on 13/02/2025.
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