What products are exempt from GPSR?

The GPSR is designed to have the broadest possible scope, acting as a safety net for any consumer product not covered by more specific EU legislation. Article 2 sets out the exemptions, which fall into two categories: full exemptions (products completely outside the GPSR's scope) and partial exemptions (products subject to sector-specific legislation for which the GPSR applies only subsidiarily, for aspects their own rules don't cover).

The products fully exempt under Article 2.2 include: medicinal products for human use (Directive 2001/83/EC) and veterinary medicines (Regulation (EU) 2019/6); medical devices and in-vitro diagnostic medical devices (Regulations (EU) 2017/745 and 2017/746); plant protection products; food, feed, and beverages; living plants and animals, genetically modified organisms and microorganisms in contained use, and products relating to their future reproduction; animal by-products and derived products; aircraft and their parts used in military, customs, police, search and rescue, firefighting, border control, and coast guard activities; equipment on which consumers ride or travel where that equipment is directly operated by a service provider (e.g., aircraft cabin seats, train seats, cable car gondolas); and antiques — defined in Article 3.28 as products of extraordinary age, typically approximately 100 years, for which consumers cannot reasonably expect them to comply with modern safety standards. This last category covers genuine historical artefacts, not vintage items from the mid-20th century.

Products with partial exemptions under Article 2.3 include those already governed by CE marking legislation: toys (Toy Safety Directive), electronics (Low Voltage Directive, EMC Directive, RED), machinery (Machinery Regulation), cosmetics (Cosmetics Regulation), and others. For these, the GPSR covers only safety aspects and risks their sector legislation does not address. Critically, even partially exempt products remain subject to the GPSR's online listing requirements under Article 19 and the Responsible Person identification requirements under Article 9.6. A product being exempt from GPSR risk assessment requirements does not exempt it from GPSR marketplace transparency rules.

What the law says

Consequences of non-compliance