General Product Safety Directive 2001/95/EC: Replaced by GPSR
The General Product Safety Directive (GPSD, Directive 2001/95/EC) is no longer in force. It was repealed with effect from 13 December 2024 and replaced by the General Product Safety Regulation (GPSR), Regulation (EU) 2023/988, which applies directly in every EU Member State. This guide explains what that means for you, based only on the two EU legal texts.
Is the General Product Safety Directive still in force?
No. “General Product Safety Directive” is the common name for Directive 2001/95/EC of 3 December 2001 on general product safety. The GPSR repealed it with effect from 13 December 2024. At the same time, it repealed Directive 87/357/EEC on products that appear to be other than they are, such as products that imitate food.
Where other texts still refer to the old directive, those references now count as references to the GPSR and to Regulation (EU) No 1025/2012 on European standardisation. The official correlation table at the end of the GPSR shows which new rule replaces which old one.
The GPSR has been amended once, by Regulation (EU) 2024/2748 on emergency procedures. The passages summarised in this guide read the same in the consolidated text of 29 May 2026.
For an introduction to the regulation itself, read what the GPSR is.
What replaced Directive 2001/95/EC?
The replacement is Regulation (EU) 2023/988, the General Product Safety Regulation. It applies from 13 December 2024. As a regulation, it is binding in full and applies directly in every Member State.
The directive, by contrast, worked through national laws. Member States had to bring those laws into force with effect from 15 January 2004.
The core rule stayed the same: only safe products may go on the market. The directive put this duty on producers. The GPSR puts it on all economic operators, so importers, distributors and other businesses in the supply chain as well. It also covers making products available on the market, for example when reselling them, not only placing them on the market for the first time.
Can products made under the old directive still be sold?
The GPSR has a transitional rule for these products. Member States may not prevent products from being sold or supplied on the market if they:
- are covered by Directive 2001/95/EC,
- conform to that directive, and
- were placed on the market before 13 December 2024.
Where did the old directive's rules go?
The GPSR ends with an official correlation table that shows where each old rule went. The main topics carried over like this:
| What it is about | Where it is now |
|---|---|
| Scope of the rules | GPSR scope rules |
| Only safe products (general safety requirement) | GPSR general safety requirement |
| When a product is presumed to be safe | GPSR presumption of conformity |
| Other elements for assessing safety | GPSR rules on assessing safety |
| Product identifier; manufacturer and importer contact details | GPSR duties of manufacturers and importers |
| Risk analysis and technical documentation | GPSR duties of manufacturers |
| Distributor checks | GPSR duties of distributors |
| Enforcement, market surveillance, penalties | GPSR rules on scope, market surveillance and penalties |
| Alerts on dangerous products (directive: RAPEX; GPSR: Safety Gate Rapid Alert System) | GPSR Safety Gate rules |
The exact old and new article numbers are listed in the sources table at the end of this page.
Manufacturers. The manufacturer duties have a predecessor in the old directive, but the GPSR spells them out in far more detail. Manufacturers carry out an internal risk analysis, draw up technical documentation and keep it for 10 years. They put a product identifier and their name, postal and electronic address on the product. Where that is not possible, these details go on the packaging or in an accompanying document. See what the technical documentation contains.
Penalties. Each Member State still sets its own penalties. Under both texts, they must be effective, proportionate and dissuasive.
What is different under the GPSR?
The official correlation table shows eight GPSR rules that had no counterpart in Directive 2001/95/EC. In plain words:
| New rule | In brief |
|---|---|
| Distance sales | A product offered online is treated as made available on the EU market if the offer is targeted at consumers in the Union. |
| Internal processes | Every economic operator must have internal processes for product safety that allow it to meet the relevant GPSR requirements. |
| Responsible person | A product covered by the GPSR may only be placed on the market if an economic operator established in the EU is responsible for it, with the tasks set out in the EU market surveillance regulation. Its name, postal and electronic address go on the product, packaging, parcel or an accompanying document. |
| Online offers | The offer must clearly and visibly show the manufacturer's name, postal and electronic address; for a manufacturer outside the EU, the responsible person's name and addresses; product identification including a picture; and warnings or safety information. |
| Accidents | Manufacturers notify accidents causing death or serious adverse effects on health and safety through the Safety Business Gateway, without undue delay. |
| Online marketplaces | Among other things, marketplaces register with the Safety Gate Portal and act within two working days on authority orders about offers of dangerous products (removing them, disabling access or showing an explicit warning). |
| Recall notice | A written recall notice has the headline “Product safety recall”, plus the other elements the GPSR lists. |
| Remedies | In a product safety recall, the consumer is offered a choice of at least two of repair, replacement or refund, with a narrow exception. |
More detail: information an online offer must show and the EU responsible person.
Does the GPSR require CE marking or a declaration of conformity?
Neither Directive 2001/95/EC nor the GPSR uses the terms “CE marking” or “declaration of conformity”. Those come from other, product-specific EU laws, where they apply. Where such specific EU rules with the same safety objective exist, the GPSR applies only to the risks they do not cover.
What the GPSR does contain is a presumption of safety. A product that conforms to relevant European standards whose references are published in the Official Journal of the EU is presumed safe for the risks those standards cover. The directive had the same mechanism.
How can Grüner Baum help?
Grüner Baum GmbH, based in Oppenheim, Germany, acts as the EU responsible person for manufacturers outside the EU. Before we accept a product family, we check its technical documentation, labels and online listings. Annual packages start at €249 (Starter, 1 accepted low-risk product family). See our prices or contact us.
Frequently asked questions about the General Product Safety Directive
Is the General Product Safety Directive 2001/95/EC still in force?
No. The GPSR repealed Directive 2001/95/EC with effect from 13 December 2024. It was replaced by Regulation (EU) 2023/988, the General Product Safety Regulation (GPSR), which applies from the same date and is directly applicable in all EU Member States.
What is the difference between the GPSD and the GPSR?
The GPSD was a directive that worked through national laws, which Member States had to bring into force with effect from 15 January 2004. The GPSR is a regulation that applies directly in all Member States. It also adds eight rules with no counterpart in the directive, for example on online offers, the responsible person and accidents.
Can products that conformed to Directive 2001/95/EC still be sold?
The GPSR has a transitional rule for them. Member States may not prevent products from being sold or supplied if they are covered by Directive 2001/95/EC, conform to it and were placed on the market before 13 December 2024.
How are references to the repealed directive read today?
They count as references to the GPSR and to Regulation (EU) No 1025/2012. The official correlation table at the end of the GPSR shows which new rule replaces which old one.
Does the General Product Safety Directive require CE marking or a declaration of conformity?
No. Neither Directive 2001/95/EC nor the GPSR, Regulation (EU) 2023/988, uses the terms “CE marking” or “declaration of conformity”. Those terms come from other, product-specific EU laws, where such laws apply to the product.
Official sources
| Topic | Legal basis | Official text |
|---|---|---|
| Repeal of Directive 2001/95/EC and Directive 87/357/EEC from 13 December 2024 | GPSR Art. 50(1) | Regulation (EU) 2023/988 (GPSR), consolidated text of 29 May 2026 |
| How references to the old directive are read | GPSR Art. 50(2) and the correlation table in the GPSR Annex | Regulation (EU) 2023/988 (GPSR), consolidated text of 29 May 2026 |
| Transitional rule for products placed on the market before 13 December 2024 | GPSR Art. 51 | Regulation (EU) 2023/988 (GPSR), consolidated text of 29 May 2026 |
| Application from 13 December 2024; binding in full and directly applicable | GPSR Art. 52 | Regulation (EU) 2023/988, Official Journal version |
| Amendment of the GPSR (emergency procedures) | Regulation (EU) 2024/2748 | Regulation (EU) 2023/988 (GPSR), consolidated text of 29 May 2026 |
| National laws in force from 15 January 2004 | GPSD Art. 21(1) | Directive 2001/95/EC (repealed GPSD) |
| Scope of the rules | GPSD Art. 1(2) → GPSR Art. 2(1) and (2) | Regulation (EU) 2023/988 (GPSR), consolidated text of 29 May 2026 |
| Only safe products (general safety requirement) | GPSD Art. 3(1) → GPSR Art. 5 | Regulation (EU) 2023/988 (GPSR), consolidated text of 29 May 2026 |
| Presumption of safety | GPSD Art. 3(2) → GPSR Art. 7(1); published European standards: GPSR Art. 7(1)(a), previously GPSD Art. 3(2) and 4 | Regulation (EU) 2023/988 (GPSR), consolidated text of 29 May 2026 |
| Other elements for assessing safety | GPSD Art. 3(3) → GPSR Art. 8 | Regulation (EU) 2023/988 (GPSR), consolidated text of 29 May 2026 |
| Product identifier; manufacturer and importer contact details | GPSD Art. 5(1), fourth subparagraph, point (a) → GPSR Art. 9(5) and (6) and Art. 11(3) | Regulation (EU) 2023/988 (GPSR), consolidated text of 29 May 2026 |
| Risk analysis and technical documentation (kept for 10 years) | GPSD Art. 5(1), fourth subparagraph, point (b), first sentence → GPSR Art. 9(2) and (3) | Regulation (EU) 2023/988 (GPSR), consolidated text of 29 May 2026 |
| Distributor checks | GPSD Art. 5(2) → GPSR Art. 12(1) and (3) | Regulation (EU) 2023/988 (GPSR), consolidated text of 29 May 2026 |
| Enforcement, market surveillance, penalties | GPSD Art. 6 to 9 → GPSR Art. 2(2), Art. 23 and 44; penalties: GPSD Art. 7 and GPSR Art. 44(1) and (2) | Regulation (EU) 2023/988 (GPSR), consolidated text of 29 May 2026 |
| Alerts on dangerous products (RAPEX → Safety Gate Rapid Alert System) | GPSD Art. 12(1), first and fourth subparagraph → GPSR Art. 26(1) and (2) | Regulation (EU) 2023/988 (GPSR), consolidated text of 29 May 2026 |
| Eight rules without a predecessor in the directive | Distance sales: GPSR Art. 4; internal processes: Art. 14; responsible person: Art. 16; online offers: Art. 19; accidents: Art. 20; online marketplaces: Art. 22; recall notice: Art. 36; remedies: Art. 37 | Regulation (EU) 2023/988 (GPSR), consolidated text of 29 May 2026 |
| Tasks of the EU responsible person | Regulation (EU) 2019/1020, Art. 4(3), applied through GPSR Art. 16(1) | Regulation (EU) 2019/1020, consolidated text of 12 August 2026 |
| Specific EU rules with the same safety objective | GPSR Art. 2(1) | Regulation (EU) 2023/988 (GPSR), consolidated text of 29 May 2026 |
| Commission guidance for businesses | Commission Notice C/2025/6233 | European Commission GPSR guidance for businesses (C/2025/6233) |
This guide summarises the legal texts; it is not legal advice for your specific product.
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