GPSR Article Numbers: 12 Outdated or Wrong Citations Fixed
Many GPSR guides that rank well in search still quote article numbers from the 2021 Commission proposal, figures that were dropped before adoption, or the directive the GPSR replaced. This guide checks 12 common citations against the text in force today: the GPSR, Regulation (EU) 2023/988, as consolidated on 29 May 2026. For German fines, it also uses the Product Safety Act (ProdSG) as amended in 2026.
We found these citations on pages that ranked in the top 10 of Google for responsible person queries in September 2026. We do not name the pages. The point is the law, not the publisher.
Why do GPSR article numbers differ between guides?
The Commission published its proposal on 30 June 2021. New articles were added during the legislative process, so most article numbers moved. Guides written in 2022 or 2023 often kept the proposal's numbering, and some copied figures the final text no longer contains.
Three texts get mixed up:
- The General Product Safety Directive (2001/95/EC, GPSD): repealed with effect from 13 December 2024.
- The Commission proposal (COM(2021) 346): never law. Its numbering and some of its rules did not survive.
- The GPSR (Regulation (EU) 2023/988): in force and applying since 13 December 2024, amended once so far, by Regulation (EU) 2024/2748.
For the directive itself, see what happened to the General Product Safety Directive.
Quick correction table
| What some guides say | What the current text says | Row in the sources table |
|---|---|---|
| GPSR is a proposal, or comes into force in 2026 | Applies since 13 December 2024 | Date of application |
| The Responsible Person rule has the proposal's article number | The final text numbers it one higher | Responsible person; article numbers in the proposal and the GPSR |
| Online marketplace duties have the proposal's article number | They now have their own, later article; the old number covers accidents | Online marketplaces; accidents |
| Fines of at least 4% of turnover | Member States set penalties; no percentage | Penalties set by Member States |
| Fines of EUR 5,000 to 50,000 per violation under GPSR | The GPSR sets no amounts; in Germany up to EUR 10,000 or EUR 100,000 | Penalties set by Member States; German fines |
| Accidents within two working days | Without undue delay | Accidents |
| The Responsible Person does random sample testing | Regular checks plus documented evidence | Responsible person |
| A postal address is enough | Postal and electronic address | Responsible person |
| Businesses notify through the Safety Gate | Businesses use the Safety Business Gateway | Accidents; Safety Gate and Safety Business Gateway |
| A GPSR certificate proves compliance | No certification exists in the GPSR | Internal risk analysis and technical documentation |
| A distributor can be the Responsible Person | Four listed operators; distributors are not one of them | Responsible person; list of four operators |
| An authorised representative is mandatory | The manufacturer may appoint one | Authorised representative is optional |
The sources table at the end of this guide gives the exact article numbers. The sections below explain each row in plain words.
Is the GPSR still a proposal, or does it start in 2026?
Neither. We still found pages that call the GPSR "a proposed reform", say it is "coming into force in 2026", or treat the old directive as "the current directive".
The regulation entered into force in June 2023 and "shall apply from 13 December 2024". On that same date, Directives 87/357/EEC and 2001/95/EC were repealed. The only link back to the old directive is a transitional rule for products placed on the market before 13 December 2024.
The only amendment so far, Regulation (EU) 2024/2748, added emergency procedures. It did not change the Responsible Person rules.
Which article covers the Responsible Person?
The rule is titled "Responsible person for products placed on the Union market". In the final text it sits one number higher than in the 2021 proposal.
The whole block of economic operator duties moved up, and some later articles moved further. The sources table at the end lists both numbers for each topic:
| Topic | Proposal COM(2021) 346 → GPSR 2023/988 |
|---|---|
| Manufacturers | One number higher |
| Authorised representatives | One number higher |
| Importers | One number higher |
| Distributors | One number higher |
| Responsible person | One number higher |
| Distance sales | One number higher |
| Accidents | One number higher |
| Online marketplaces | Two numbers higher |
| Recall remedies | Two numbers higher |
| Penalties | Four numbers higher |
If a guide's number for manufacturer duties or online listings is the proposal's number, it is probably working from the proposal.
Which article covers online marketplaces?
The marketplace duties have their own article, titled "Specific obligations of providers of online marketplaces related to product safety". One German guide we checked puts them under the number that covered marketplaces in the proposal. In the final text, that number covers accidents.
Three neighbouring articles are easy to confuse: the first covers accidents, the next covers information in electronic format, and the marketplace article follows. It requires a single point of contact for authorities and consumers, registration on the Safety Gate Portal, and acting on authority orders "without undue delay, and in any event within two working days".
Are GPSR fines at least 4% of turnover?
No. That figure comes from the proposal, which said: "In the case of fines, the maximum amount of penalties shall be at least 4 % of the economic operator's or, where applicable, online marketplace's annual turnover in the Member State or Member States concerned."
The final penalties article has three short rules and no amount:
- Member States lay down the rules on penalties.
- The penalties must be "effective, proportionate and dissuasive".
- Member States notify the Commission of those rules.
The word "turnover" does not appear anywhere in the GPSR. Pages that say GPSR fines "may be based on annual turnover", or give a fixed range such as "EUR 5,000 to 50,000 per violation under GPSR", are not quoting the regulation.
What the German rules actually say. Germany amended its Product Safety Act with a law of 3 February 2026, in force since 19 February 2026. Fines of up to EUR 100,000 apply to a short list of offences, including a manufacturer's or importer's failure to take required corrective action. All other listed offences carry fines of up to EUR 10,000. Missing Responsible Person details on the product, packaging, parcel or accompanying document fall in the EUR 10,000 group. Other Member States set their own amounts.
For consequences beyond fines, see what happens if you do not comply with the GPSR.
Must accidents be reported within two working days?
No. The proposal asked for notification "within two working days from the moment it knows about the accident". The final text changed this.
Today the manufacturer must make sure that an accident caused by its product is notified through the Safety Business Gateway "without undue delay from the moment it knows about the accident". This duty covers accidents that led to death or serious adverse effects on health and safety.
Where the manufacturer is not established in the Union, the Responsible Person who knows about an accident "shall ensure that the notification is made".
Some pages also give sellers the two-working-day deadline from the marketplace rules. That deadline applies to online marketplace providers acting on authority orders, not to manufacturers or sellers. Another guide says authority requests must be answered within ten days; neither the GPSR nor the EU market surveillance regulation contains that figure.
One guide also tells retailers to report accidents themselves. In fact, importers and distributors inform the manufacturer without undue delay, and they make the notification only if the manufacturer tells them to.
Does the Responsible Person have to do random sample testing?
Not under the final text. The proposal required the responsible operator to "periodically carry out sample testing of randomly chosen products made available on the market". That duty was dropped.
Instead, the Responsible Person "shall regularly check":
- that the product matches its technical documentation, and
- that the product meets the rules on product identification, manufacturer contact details and instructions.
It must also, on request, "provide documented evidence of the checks performed". Of the 35 top-ranking pages we reviewed, only one described both the regular checks and the documented evidence. One pricing guide presents a budget tier with "no compliance review" as a normal market option, which does not fit this duty.
This is also why a single payment for "the lifetime of the product" describes a price model, not the legal role. The regular checks and the Responsible Person's other tasks run for as long as the product is on the market.
Is a postal address enough on the label?
No. Two texts apply, and they ask for different things:
| Where it applies | What it requires | Row in the sources table |
|---|---|---|
| Products under the EU market surveillance regulation | Name, registered trade name or trade mark, and contact details including the postal address | List of four operators |
| GPSR products: product, packaging, parcel or accompanying document | Name, registered trade name or trade mark, and contact details "including the postal and electronic address" | Responsible person |
| GPSR products: online offers | Name, postal and electronic address of the Responsible Person | Online offers |
For GPSR products, the electronic address is required. The Commission guidelines add that "A website as such is not sufficient if it does not allow direct communication with you."
About 20 of the 35 pages we reviewed mentioned only an address. One said that "a contact email on the website may be sufficient". The proposal had also asked for a telephone number in online offers; the final text does not.
For the full label list, see GPSR labelling requirements. For online listings, see GPSR online listing requirements.
Safety Gate or Safety Business Gateway?
These are two different systems, and several guides mix them up:
- The Safety Gate Rapid Alert System is how authorities exchange information about dangerous products. The public Safety Gate Portal is where marketplaces register and consumers read alerts.
- The Safety Business Gateway is the web portal for businesses. Manufacturers use it to inform authorities about dangerous products and to notify accidents.
A business does not "register with the Safety Gate" to report its own product. It reports through the Safety Business Gateway.
Is there an official GPSR certificate?
No. The GPSR contains no certification procedure, no certifying body and no certificate. Pages that offer a "GPSR Certificate of Compliance", an "official EU RP certificate" or a certificate "in minutes" describe a private document, not a legal one.
What the regulation asks for is an internal risk analysis and technical documentation, drawn up by the manufacturer before the product is placed on the market and kept for 10 years. The Commission guidelines mention voluntary certification schemes only as one possible element of a safety assessment.
CE marking and EU declarations of conformity come from product-specific EU laws, such as the toy safety rules or the Low Voltage Directive. The GPSR does not require them for products outside those laws. See whether an official GPSR certificate exists.
Can a distributor be the Responsible Person?
Not as a distributor. The GPSR refers to the EU market surveillance regulation, which lists four operators:
- a manufacturer established in the Union,
- an importer, where the manufacturer is not established in the Union,
- an authorised representative with a written mandate from the manufacturer,
- a fulfilment service provider established in the Union, where none of the above is established in the Union.
A distributor is defined separately in the GPSR and is not on that list. Freight and postal services are also excluded from the definition of a fulfilment service provider. A natural person can hold a written mandate as authorised representative, but only in that capacity.
Two definition numbers are also often wrong: the importer and the fulfilment service provider. The sources table gives the correct GPSR numbers. In plain words:
| Definition | Can it be the Responsible Person? | Note |
|---|---|---|
| Authorised representative | Yes, with a written mandate from the manufacturer | A natural person can hold this written mandate |
| Importer | Yes, where the manufacturer is not established in the Union | Often quoted with a wrong number |
| Distributor | No | Not on the list of operators who can be the Responsible Person |
| Fulfilment service provider | Yes, where none of the other three is established in the Union | Often quoted with its number in the EU market surveillance regulation, not in the GPSR |
Is an authorised representative mandatory?
No. The GPSR says: "A manufacturer may, by means of a written mandate, appoint an authorised representative." The word is "may".
What is mandatory is an EU-based economic operator for each product. If an EU importer already fills that role, you need no separate authorised representative. The mandate route is the usual one for non-EU brands that sell directly to EU consumers. See EU authorised representative vs Responsible Person.
How long must records be kept?
The GPSR sets three different periods:
| Record | Period | Row in the sources table |
|---|---|---|
| Technical documentation | 10 years after placing on the market | Internal risk analysis and technical documentation |
| Risk, complaint and corrective action information provided on request | 10 years | Retention of information and supply-chain records |
| Who supplied you and whom you supplied | 6 years | Retention of information and supply-chain records |
Guides that say "10 to 15 years", or apply 10 years to supply chain traceability, go beyond the text.
How we checked
We read 35 pages that ranked in the top 10 of Google for GPSR responsible person queries in September 2026, in English and German. We compared every legal citation with the consolidated GPSR text of 29 May 2026, the EU market surveillance regulation, the 2021 Commission proposal, the Commission guidelines of 2025 and the current German Product Safety Act.
Most errors were not old article numbers. They were missing duties: 32 of 35 pages left out the Responsible Person's regular checks, and about 20 left out the electronic address.
If you want your labels, listings and Responsible Person set-up checked against the current text, see our EU Responsible Person service.
Frequently asked questions about GPSR citations
Do older guides cite the right GPSR article for the EU Responsible Person?
Often not. The rule is titled “Responsible person for products placed on the Union market”, and in the final GPSR it sits one number higher than in the 2021 Commission proposal that some older guides still quote. The sources table at the end of this guide gives the current number.
Are GPSR fines at least 4% of annual turnover?
No. The 4% figure was in the 2021 Commission proposal and was not adopted. The final GPSR leaves penalties to the Member States and only requires them to be effective, proportionate and dissuasive. The word “turnover” does not appear in the regulation.
Must accidents be reported within two working days under GPSR?
No. The two-working-day deadline was in the 2021 proposal. Today the manufacturer must make sure an accident is notified through the Safety Business Gateway “without undue delay”. The two working days in the final text apply to online marketplaces acting on authority orders.
Is there an official GPSR certificate?
No. The GPSR contains no certification procedure and no certificate. The manufacturer carries out an internal risk analysis and draws up technical documentation. The Commission guidelines mention voluntary certification schemes only as one possible element of a safety assessment.
Is a postal address enough for the Responsible Person on the label?
No. The EU market surveillance regulation asks for contact details including a postal address, but the GPSR requires both the postal and the electronic address. They go on the product, its packaging, the parcel or an accompanying document.
Can a distributor be the GPSR Responsible Person?
Not in that capacity. The GPSR refers to a list of four operators: an EU manufacturer, an importer, an authorised representative with a written mandate, or an EU fulfilment service provider where none of the others is established in the Union. Distributors are not on that list.
Official sources
| Topic | Legal basis | Official text |
|---|---|---|
| Date of application, repeal of the old directives, transitional rule | GPSR Article 52, Article 50(1) and Article 51 | Regulation (EU) 2023/988 (GPSR), consolidated text of 29 May 2026 |
| Emergency procedures added in 2024 | GPSR Articles 8a to 8c, inserted by Regulation (EU) 2024/2748 | GPSR consolidated text |
| Responsible person: who can act, regular checks and documented evidence, contact details | GPSR Article 16(1) to (3) | GPSR consolidated text |
| List of four operators, tasks, contact details under market surveillance law | Regulation (EU) 2019/1020, Article 4(2) to (4) | Regulation (EU) 2019/1020, consolidated text of 12 August 2026 |
| Accidents: manufacturer, importers and distributors, responsible person | GPSR Article 20(1) to (4) | GPSR consolidated text |
| Information in electronic format | GPSR Article 21 | GPSR consolidated text |
| Online marketplaces: contact point, Safety Gate Portal registration, two working days | GPSR Article 22(1), (2) and (4) | GPSR consolidated text |
| Online offers: name and addresses of the responsible person | GPSR Article 19(b) | GPSR consolidated text |
| Penalties set by Member States | GPSR Article 44 | GPSR consolidated text |
| Proposal: 4% of turnover, two working days for accidents, random sample testing | Proposal COM(2021) 346: Article 40(4), Article 19(1) and Article 15(2) | Commission proposal COM(2021) 346 final for a regulation on general product safety |
| Article numbers in the proposal and the GPSR | Proposal COM(2021) 346 → GPSR: manufacturers Article 8 → Article 9; authorised representatives Article 9 → Article 10; importers Article 10 → Article 11; distributors Article 11 → Article 12; responsible person Article 15 → Article 16; distance sales Article 18 → Article 19; accidents Article 19 → Article 20; online marketplaces Article 20 → Article 22; recall remedies Article 35 → Article 37; penalties Article 40 → Article 44 | Commission proposal COM(2021) 346; GPSR consolidated text |
| German fines up to EUR 100,000 or EUR 10,000 | ProdSG § 28(3), as amended by the law of 3 February 2026 (BGBl. 2026 I Nr. 29), in force since 19 February 2026; GPSR Article 9(8)(a) and Article 11(8)(b) | Produktsicherheitsgesetz § 28, fines (Germany) |
| Safety Gate and Safety Business Gateway: Rapid Alert System, business portal, Safety Gate Portal | GPSR Article 25, Article 27 and Article 34; manufacturer notices under Article 9(8)(c) | GPSR consolidated text |
| Internal risk analysis and technical documentation, including how long it is kept | GPSR Article 9(2) and (3) | GPSR consolidated text |
| Retention of information and supply-chain records: information provided on request, who supplied whom | GPSR Article 15(4) and (5) | GPSR consolidated text |
| Definitions of authorised representative, importer, distributor and fulfilment service provider | GPSR Article 3(9) to (12); the fulfilment service provider is Article 3(12) in the GPSR but Article 3(11) in Regulation (EU) 2019/1020 | GPSR consolidated text |
| Authorised representative is optional | GPSR Article 10(1) | GPSR consolidated text |
| A website alone is not enough; voluntary certification schemes | European Commission Notice C/2025/6233 | European Commission GPSR guidance for businesses (C/2025/6233) |
| The old General Product Safety Directive | Directive 2001/95/EC (repealed) | Directive 2001/95/EC on general product safety (repealed) |
This guide compares published citations with the legal texts; it is general information, not legal advice.
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