What to do with existing stock in EU warehouses under the GPSR

As December 13, 2024, approaches—the date the General Product Safety Regulation (GPSR) officially comes into force—many businesses are grappling with a common question:
What should be done with stock already sitting in EU warehouses? Does it need to be relabeled to include the EU-based economic operator’s address, as required under the new regulation?
To address this, let’s explore how the GPSR distinguishes between two critical concepts: placing on the market and making available, and what this means for your existing inventory.

The GPSR introduces clarity to two key moments in a product’s lifecycle:
Placing on the market:
This refers to the very first instance a product is supplied for distribution, consumption, or use in the EU. At this stage, the product must meet all applicable EU requirements. According to the European Commission’s Blue Guide, a product is considered placed on the market once the manufacturing stage is complete and the product has been offered for sale within the EU.
Making available:
After a product is placed on the market, any subsequent supply—such as sales, transfers, or distribution—is considered “making available.” While this involves the product moving further within the market, it doesn’t generally require additional compliance measures, provided the product was compliant when it was initially placed on the market.

For businesses with stock already stored in EU warehouses before the December 13 deadline, the GPSR provides some relief. Products that were placed on the market before this date are not subject to the new requirements retroactively. Simply put, if your products met the regulations in force at the time they were first placed on the market, they don’t need to be relabeled or adjusted for compliance under the GPSR.
However, this assurance comes with a caveat: documentation matters. Businesses must be able to demonstrate, if challenged, that the products were indeed placed on the market before the GPSR’s enforcement date.

A unique consideration under the GPSR is how it applies to products sold online or through distance sales. If a product is offered for sale online to EU consumers, it’s automatically deemed “made available” in the EU market. For such products, ensuring compliance with GPSR labeling and documentation is particularly important.

While your existing stock may not need immediate adjustments, taking proactive steps can help your business avoid unnecessary compliance headaches:

The introduction of the GPSR is a significant step forward in ensuring the safety of products in the EU market, but its transition doesn’t have to be a burden. With careful preparation and an eye on compliance, businesses can navigate this regulatory shift smoothly. By focusing on proper documentation and aligning future products with the new requirements, you can not only meet GPSR standards but also strengthen customer trust and market confidence.