The new EU General Product Safety Regulation: Implications for Sellers of Second-Hand Products

The European Union's General Product Safety Regulation (GPSR), which came into force on 13 December 2024, marks a significant shift in the regulatory landscape for product safety. This regulation applies to most products placed on the market or made available to consumers in the EU, including used, repaired, or reconditioned products. 

The GPSR introduces specific obligations for several economic operators, such as manufacturers, importers into the EU, and distributors. For example, it provides for enhanced labelling requirements for manufacturers, which need to be verified by distributors. Furthermore, all products sold in the EU must have a designated responsible person established within the Union, which is a further requirement that needs to be verified by a distributor. 

Most of the commentary we have seen on the GPSR has focused on how the regime will apply to producers and distributors of new products. But the regime also applies to those who sell second-hand products, including goods donated to charities, to European consumers.  For retailers of second-hand products, who are typically considered to be ‘distributors’ for the purposes of the legislation, understanding and complying with the GPSR is crucial to avoid potential sanctions.

I. Scope and applicability of the GPSR

The GPSR applies to products that are placed or made available on the market (Art. 2 GPSR). A ‘product’ means any item made available, which is intended for consumers or is likely, under reasonably foreseeable conditions, to be used by consumers even if not intended for them (Art. 3(1) GPSR). It does not matter whether the product is new or not. The GPSR applies also to used, repaired or reconditioned products (Art. 2(3) GPSR), which means retailers of second-hand goods must adhere to the same safety standards as those selling new products.

However, the GPSR does not apply e.g. to food, feed or antiques (Art. 2(2) GPSR). ‘Antiques’ means products, such as collectors’ items or works of art or other products of an extraordinary age (approx. 100 years), in relation to which consumers cannot reasonably expect that they fulfil state-of-the-art safety standards (Art. 3 (28) GPSR). 

II. Key obligations for second-hand retailers

Retailers of second-hand goods are typically classified as 'distributors' under the GPSR. A ‘distributor’ is any person in the supply chain, other than the manufacturer or the importer, who makes a product available on the market (Art. 3 (11) GPSR).

This classification imposes several specific obligations:

1. Verification of product information (Art. 12 GPSR)

Distributors must verify that the product, its packaging, or accompanying documents bear a type, batch, or serial number or other elements enabling product identification.

They must ensure that the manufacturer’s contact details (name, registered trade name or mark, postal and electronic address) are indicated on the product or its packaging and accompanying documentation.

The product must be accompanied by clear instructions and safety information where necessary for safe use.

2. Responsible person established in the EU (Art. 16 GPSR)

Distributors must also check whether there is a responsible person established in the EU indicated on the product, packaging, or accompanying documents. This responsible person could be the manufacturer, an importer, an authorized representative, or a fulfillment service provider.

3. Online sales requirements (Art. 19 GPSR)

When selling products online, retailers must clearly and visibly indicate the contact information of the manufacturer or responsible person, product identification information, and any warning or safety information in the offer.

4. Prohibition of sale of non-compliant products (Art. 12(3) GPSR)

If a distributor cannot verify the required information on a product, it is deemed non-compliant with the GPSR. Non-compliant products cannot lawfully be sold in the EU market.

III. Implications for second-hand retailers

The GPSR introduces several challenges for retailers of second-hand goods. For example, clothing items with cut-off labels or electronic devices without accompanying documents could be deemed non-compliant.

Failure to comply with the GPSR can result in significant sanctions. While the regulation does not specify penalties, it leaves enforcement to individual Member States. For instance, Germany's draft law proposes fines up to EUR 100.000 for the sale of non-compliant goods.

IV. Conclusion

The introduction of the GPSR represents a significant challenge for retailers of second-hand goods, which must ensure that even used and reconditioned products meet strict safety and labelling requirements. Some products, such as those with missing labels or incomplete documentation, may not meet the new compliance requirements and might need to be removed from sale. As a result, the GPSR will not only increase administrative burdens for those who sell second-hand goods, but could also affect their sales. 

For a general update on the GPSR, please see here New General Product Safety Regulation (GPSR) set to transform the EU product compliance framework, Andrew Austin, Moritz Becker, Laura Knoke, Harriet Hanks, Anita Bell, Rixa Kuhmann and here The new General Product Safety Regulation: A refresh of the EU’s product safety framework | Freshfields.