Seller Handbook

This article is intended as a practical guide for sellers to address common product safety questions. Sellers are ultimately responsible for the safety and compliance of their products.

Friendly disclaimer: If you list products for sale on Etsy, you must comply with all applicable federal, state, and local legal requirements and Etsy policies applicable to those products and product listings. This information provides an overview regarding non-exhaustive EU requirements for educational purposes only, is subject to change over time, and is not legal advice. It is not intended to create, and receipt of it does not constitute, a lawyer-client relationship. The authors, Etsy, Inc. and Etsy Ireland UC disclaim all responsibility for any and all losses, damages, or causes of action that may arise or be connected with the use of or reliance on these materials. Requirements may vary depending on your location and where you make your products available. Etsy reserves the right to remove listings of products that do not comply or that may be unsafe for any other reason.

What is the GPSD? What is covered under GPSD, and what is not?

The General Product Safety Directive 2001/95/EC (also known as GPSD) is the EU's default regulation for non-food consumer products. GPSD applies when there are no other specific provisions on safety stated in the EU law. Therefore, the main purpose of GPSD is to establish minimum safety requirements for products that otherwise do not fall under any existing specific EU regulation.

GPSD defines a safe product as:

"Any product which, under normal or reasonably foreseeable conditions of use including duration and, where applicable, putting into service, installation and maintenance requirements, does not present any risk or only the minimum risks compatible with the product's use, considered to be acceptable and consistent with a high level of protection for the safety and health of persons..."

What are the main requirements set by the GPSD?

In addition to meeting minimal safety expectations, GPSD includes additional specific requirements.

Non-EU manufacturers need to appoint a European Authorized Representative (EAR) to place their products on the EU market. An EAR is any person naturally or legally established in the E.U. who is explicitly designated by the manufacturer to act on their behalf. Additional requirements apply to producers and distributors (Chapter III of the Directive).

Because products covered by GPSD are not subject to specific EU safety standards, they must not be labelled with the CE mark. Manufacturers are also not required to use a Notified Body for their conformity assessments. A Notified Body is a European organization accredited and notified by an EU Member State Competent Authority to support manufacturer’s conformity assessment procedures. Its intervention is mandatory in several EU Regulations (such as the Medical Devices Regulation 2017/745 for high risk devices).

Finally, please also remember that member state requirements apply on top of the EU ones (such as language, labelling requirements, etc.).

What types of products are covered by GPSD?

The GPSD applies to both offline and online sales of products such as:

• Electric products below 50V
• Gymnastic equipment (like yoga mats)
• Stationary training equipment
• Child care articles
• Bicycles
• Candles
• Jewelry
• Clothes and Clothing accessories

Products that are covered by a specific EU safety standard, such as toys, are not subject to GPSD. GPSD also does not cover certain categories of products such as food, drugs, cosmetics, or medical devices. It is also worth mentioning that the GPSD does not apply to second-hand products supplied as antiques and products meant to be repaired or reconditioned before their use, provided that the supplier clearly informs the person to whom he supplies the product to that effect.

As the GPSD addresses risks not covered in other EU legislation, the Directive may apply by setting the safety requirements for products that already fall into another EU non-safety related law (case of products covered under the EMC Directive 2014/30/EU, for example).

What documentation is required under GPSD?

Manufacturers of products regulated under GPSD need to determine the applicable safety standards for the product, either at the European, international or national level, and identify the appropriate conformity assessment module. The manufacturer should put together a file with documentation of the product, which should contain, in general, the following:

• Safety Evaluation and Risk Assessment Report (Art. 3 GPSD)
• A list of standards your product is currently complying with (EN, international or national)
• Declaration of Conformity of the product (Art. 3 & 5 GPSD)
• Quality Management System in place or ISO Certificate provided by a issuing body
• Instructions of Use, including any relevant warning concerning the correct use of the product and an explanation of any possible risks your product exposes the end-user to
• Labelling: labels should clearly mention both manufacturer's name and complete details (address, telephone, fax, email address) and the "European Authorized Representative" full details (name, address, email address)
• Vigilance & Traceability activities such as tracking any complaints reported by the users

What is a harmonised standard?

A harmonised standard is an international standard developed by a European Standards Organisation (CEN, ETSI or CENELEC) and published in the Official Journal of the European Union (OJEU). When products are subject to GPSD, manufacturers should identify the relevant harmonised standard for their product, and test it for compliance with this standard. If a product conforms to the applicable harmonised standard, there is a presumption that the product is likely to be safe and conforms to the requirements of GPSD.

The list of European standards under the GPS Directive 2001/95/EC can be found on the European Commission website.

Are there any labelling and marking requirements under the GPSD?

The minimal labelling requirements under GPSD include:

• Expected product lifespan
• Installation and maintenance requirements
• Warnings/precautions of use
• Instructions for its use and disposal

These requirements are found in Chapter I, Article 2(b) point III and Chapter III, article 5(1) of GPSD.

Particular labelling requirements apply for products that are not solid, or are aerosols or candles. These are found under Directive EU No 2019/904 and Commission Regulation 2020/2151, among others.

What happens if my product is not GPSD compliant?

If a product is subject to GPSD, but does not meet its requirements, the product may be considered unreasonably dangerous. This can lead to the competent European authorities establishing fines, banning or removing the product from the market. If a product is subject to such corrective action by a Member State, this will be published on Safety Gate, which could lead other authorities to require similar actions in their jurisdiction.

Does the GPSD apply in the United Kingdom?

Since Brexit, the United Kingdom is not part of the European Union anymore. Therefore, the EU General Product Safety Directive (GPSD) does not apply to products sold in England, Wales, and Scotland (note that GPSD does apply to products sold in Northern Ireland). For the United Kingdom, manufacturers must comply with the General Product Safety Regulations (GPSR). Similar to the EU legislation, the GPSR creates a net of safety requirements where there are no specific safety regulations covering that kind of product.

Additionally, manufacturers can consult references to international standards in order to comply with the GPSR. The list of standards includes examples for products such as furniture, training equipment, child use and care articles, lighters, etc.