GPSR: Since When It Applies and Who It Covers

A seller of bicycle accessories on Allegro writes on a forum: "I've been trading since 2019, nothing has changed, and suddenly I'm supposed to provide some responsible person in the EU. Since when has this applied and does it really apply to me, given it's just dropshipping from China?". This is the most common question of recent months - and the most common source of trouble, because the answer is: it already applies, and it most likely applies to you.

In this article we establish two things: since when GPSR (General Product Safety Regulation, EU 2023/988) applies and exactly who it covers - with a focus on Allegro sellers importing goods from outside the Union.

Key points at a glance

• Regulation (EU) 2023/988 (GPSR) has applied since 13 December 2024.

• The date refers to placing the product on the market, i.e. the first making available of a given unit on the EU market. Units placed on the market before 13 December 2024 (and compliant with the old directive) may continue to be sold - this is the transitional provision in Article 51.

• Economic operator obligations cover manufacturers, importers, distributors and fulfilment service providers; online platform providers (e.g. Allegro) have a separate set of obligations under Article 22 GPSR.

• Dropshipping from China does not exempt you from responsibility - quite the opposite, it often makes you the importer.

Since when it applies - the specific date

GPSR was adopted on 10 May 2023, but included a transition period. The cut-off date of application is 13 December 2024. From that day, every product placed on the EU market must meet the regulation's requirements, and the old Directive 2001/95/EC ceased to apply.

An important nuance: GPSR refers to "placing on the market", i.e. the first making available of a given unit on the EU market. The regulation also contains a transitional provision (Article 51): units compliant with the old Directive 2001/95/EC that were placed on the market before 13 December 2024 may continue to be sold. However, if it's you as the importer placing a batch on the EU market after that date - regardless of when you bought it - the full GPSR requirements apply to you.

Who it applies to - four roles

GPSR imposes obligations on so-called economic operators. Your role depends on what you actually do with the product, not on how you name your business.

Role	Who you are	Typical situation
Manufacturer	You produce the product or sell it under your own brand	You commission production in China and brand the goods with your own logo
Importer	You're the first to bring the product from outside the EU	You buy from AliExpress/1688 and sell in Poland
Distributor	You resell goods already present on the EU market	You buy from a Polish wholesaler and list it on Allegro
Fulfilment service provider	You store, pack or ship someone else's goods	A company running warehousing and shipping for sellers

A separate category is online platform providers (marketplaces, e.g. Allegro). They are not economic operators within the meaning of Article 3(13) GPSR - they have their own, separate regime of obligations under Article 22 of the regulation (incl. registration in Safety Gate, a contact point, reacting to listing-removal orders, and the requirement that listings contain safety data).

Distinguishing between roles is crucial, because an importer has far more obligations than a distributor. We break this down in detail in Manufacturer, importer, distributor - your role under GPSR.

Why dropshipping from China usually means the importer role

Many sellers assume that because they're "just an intermediary", they don't bear responsibility. That's a mistake. If you bring a product directly from a supplier outside the EU and make it available to a consumer in Poland, under GPSR you're placing it on the Union market - which is the definition of an importer.

The Chinese manufacturer is outside EU jurisdiction, so the regulation imposes the importer's own obligations on you (Article 11 GPSR): verifying that the manufacturer has drawn up technical documentation and met the requirements, putting your details on the product, providing instructions and warnings in Polish, and ensuring traceability. You also usually act as the responsible person in the EU under Article 16. This cannot be handed back to the factory in Shenzhen.

When GPSR doesn't apply to you

• You sell food products, medicines, medical devices - these have their own separate regulations.

• You trade exclusively in a B2B model, and the product doesn't reach a consumer.

• You sell used goods requiring repair before use, clearly marked as such (a narrow exception - doesn't apply to standard trade in new goods).

In practice, if you sell new non-food products imported from China to consumers, GPSR applies to you almost certainly.

How to calculate "placing on the market"

The concept of "placing on the market" can be confusing, so it's worth clarifying. GPSR distinguishes two moments:

• Placing on the market - the first time a product is made available in the EU, e.g. when an importer first offers a batch for sale.

• Making available on the market - every subsequent transfer in the supply chain, up to the consumer.

For you as a seller, the practical conclusion: if it's you placing units on the EU market (e.g. as an importer) after 13 December 2024, the full GPSR requirements apply to you - regardless of when you bought the goods from your supplier. There is, however, a transitional provision (Article 51): units compliant with the old directive that were placed on the EU market before that date may continue to be made available. In practice this covers goods that were already on the EU market before 13 December 2024 - not new deliveries from outside the Union.

Obligations common to all roles

Regardless of whether you're an importer or a distributor, a few rules apply to every entity in the chain:

• you make available on the market only safe products,

• you cooperate with market surveillance authorities (in Poland, among others UOKiK, the Trade Inspectorate),

• you take corrective action (withdrawal, recall) if a product turns out to be dangerous,

• you ensure traceability - you can identify who you bought the product from and who you passed it on to.

The differences between roles mainly concern creating documentation: the importer must have it and create it, while the distributor mainly checks that it exists with the previous party in the chain.

What's changed in terms of enforcement

The regulation itself has applied since December 2024, but sellers felt the real effects when platforms started enforcing compliance. Allegro introduced fields for safety data and began restricting listings without complete information. In parallel, the Safety Gate system is active, receiving reports of dangerous products from across the EU - new warnings are published there every week, and platforms are required to remove related listings. We explain how to avoid a listing being blocked in Allegro - listing blocked for lack of GPSR, and how to avoid it.

Frequently asked questions

Since exactly when does GPSR apply?

Regulation (EU) 2023/988 has applied since 13 December 2024. From that day, every product placed on the European Union market must meet its requirements, and the previous Directive 2001/95/EC ceased to apply.

Does GPSR apply to dropshipping from China?

Yes. If you're the first to bring a product from outside the EU and make it available to a consumer, you're most likely acting as an importer - with the importer's own obligations under Article 11 GPSR (verifying the manufacturer's documentation, your details on the product, instructions in Polish) - and usually as the responsible person in the EU under Article 16. You're treated as the manufacturer only if you sell under your own brand or substantially modify the product (Article 13). The dropshipping model does not exempt you from responsibility - on the contrary, it usually imposes it on you.

I've been trading for years - do old stocks also have to comply with GPSR?

What matters is the moment a given unit is placed on the EU market. Units placed on the market before 13 December 2024 that comply with the old directive may continue to be sold (Article 51 GPSR). However, if you place goods on the EU market after that date - e.g. you bring in another batch from China - the full GPSR requirements apply, regardless of when you ordered it.

As a distributor buying from a Polish wholesaler, am I also subject to GPSR?

Yes, but to a narrower extent. A distributor must check whether the product has the required markings, manufacturer or importer details, and responsible person details, and must react if the product turns out to be dangerous. You don't need to create documentation from scratch if the importer already did.