What products are exempt from GPSR?
GPSR does not apply to medicinal products, food, feed, living plants and animals, animal by-products, plant protection products, certain passenger equipment operated by transport services, certain aircraft, and antiques (Article 2(2) of Regulation (EU) 2023/988). Products not meant for consumers are outside it too. Almost everything else sold to EU consumers is covered — new, used or refurbished.
By Konstantin Filin, Director · Last reviewed: 29 September 2026
The nine exclusions in Article 2(2)
Article 2(2) of Regulation (EU) 2023/988 lists what the regulation does not apply to:
| Point | Excluded | What this means in practice |
|---|---|---|
| (a) | Medicinal products for human or veterinary use | Medicines have their own EU law |
| (b) | Food | Food law applies instead |
| (c) | Feed | Animal feed law applies instead |
| (d) | Living plants and animals, genetically modified organisms and genetically modified micro-organisms in contained use, and products of plants and animals relating directly to their future reproduction | Seeds for sowing and live animals, for example |
| (e) | Animal by-products and derived products | Covered by the animal by-products rules |
| (f) | Plant protection products | Pesticides and similar, under their own regulation |
| (g) | Equipment on which consumers ride or travel, where it is directly operated by a service provider within a transport service and not operated by the consumers themselves | A bus or a cable car you ride in — not a scooter you buy |
| (h) | Aircraft referred to in Article 2(3), point (d), of Regulation (EU) 2018/1139 | A category of aircraft under EU aviation law |
| (i) | Antiques | Genuine antiques, not new items in an old style |
If your products are not on this list, the next question is whether they are consumer products at all.
Products that are not meant for consumers
GPSR covers a "product" as defined in Article 3(1): an item "which is intended for consumers or is likely, under reasonably foreseeable conditions, to be used by consumers even if not intended for them".
The second half matters. A professional tool sold on a consumer marketplace, where anyone can buy it, is likely to be used by consumers. Selling only to businesses, through business channels, can keep a product outside GPSR; listing it on Amazon for everyone usually does not.
Used, repaired and refurbished products
GPSR applies to products "whether new, used, repaired or reconditioned" (Article 2(3)). The one exception: products sold to be repaired or reconditioned before use, where they are "clearly marked as such". A refurbished phone sold ready to use is covered. A broken one sold explicitly as a repair project is not.
Products that have their own EU safety law
Toys, electrical equipment, cosmetics, personal protective equipment and many other products are covered by specific EU legislation. Article 2(1) says GPSR then applies only to the risks and aspects that the specific legislation does not cover.
This is not an exemption from having an EU economic operator:
- For many CE-marked products — toys, electrical and radio equipment, machinery and others — Article 4 of Regulation (EU) 2019/1020 already requires an economic operator established in the EU.
- Cosmetics need a responsible person in the EU under Regulation (EC) No 1223/2009.
So "my product has its own directive" usually means "my product has more rules", not fewer.
Common myths
| Myth | Reality |
|---|---|
| Handmade products are exempt | No. Handmade goods sold to consumers are consumer products. There is no craft exemption |
| Small sellers or low-value products are exempt | No. GPSR has no size or value threshold |
| The marketplace is responsible, not me | No. Marketplaces have their own obligations under Article 22 GPSR. The manufacturer still needs an economic operator in the EU |
| A UK company is close enough | No. A company established only in Great Britain is outside the EU for this purpose |
| A German VAT number means I am established in the EU | No. A VAT registration is not an establishment. The operator must be a business established in the Union |
Not sure about your product?
Send us three products or listing links. We tell you within one working day whether GPSR applies, which other EU rules are likely to apply, and whether we can act as your Responsible Person. Get a free check.
What Altex does, and what it does not
- We do: tell you whether your products need an EU Responsible Person, and act as one from Ljubljana for the categories we accept.
- We do not: give a legal opinion on borderline classification, test or certify products, or act for categories we do not accept (listed in our Terms of Service).
FAQ
Are second-hand goods covered by GPSR?
Yes, unless they are sold as needing repair or reconditioning before use and clearly marked that way (Article 2(3)).
Is food packaging exempt because food is exempt?
No. Food itself is excluded, but products such as kitchenware and food containers sold to consumers are not food.
Do B2B-only products need an EU Responsible Person?
Not under GPSR, if they are genuinely not intended for consumers and not likely to be used by them. Other EU laws may still require an economic operator.
Are antiques exempt?
Yes, antiques are excluded under Article 2(2)(i). New items made to look old are not antiques.
My product is CE-marked. Does that mean GPSR does not apply?
GPSR applies only to the risks the specific legislation does not cover, but for many CE-marked products Regulation (EU) 2019/1020 already requires an economic operator in the EU.