2.1. Product coverage

Union harmonisation legislation applies to products which are intended to be placed (and/or put into service (27)) on the market (28). Furthermore, Union harmonisation legislation applies when the product is placed on the market (or put into service) and to any subsequent making available until the product reaches the end-user (29) (30). A product still in the distribution chain falls under the obligations of the Union harmonisation legislation as long as it is a new product. (31) Once it reaches the end-user it is no longer considered a new product and the Union harmonisation legislation no longer applies. This is without prejudice to the level of safety or other public interest protection that a product must offer when used as intended in relation to the applicable Union harmonisation legislation at the time it was placed on the market, or to any market surveillance measure that may be taken in relation to products which have already been made available to an end user and present a risk (e.g. recalls). The end-user is not one of the economic operators who bear responsibilities under Union harmonisation legislation i.e. any operation or transaction by the end-user involving the product is not subject to Union harmonisation legislation. However, such an operation or transaction might fall under another regulatory regime, in particular at national level. The product must comply with the legal requirements that were in place at the time of its placing on the market (or putting into service). Union harmonisation legislation applies to all forms of supply, including distance selling and selling through electronic means. Hence, regardless of the selling technique, products intended to be made available on the Union market must be in conformity with the applicable legislation. A product intended to be placed on the Union market, offered in a catalogue or by means of electronic commerce, has to comply with Union harmonisation legislation when the catalogue or website targets its offer to the Union market and includes an ordering and shipping system (32). Products offered for sale online or through other means of distance sales are deemed to be made available on the market if the offer is targeted at end users in the Union. An offer for sale is considered to be targeted at end users in the Union if an economic operator directs, by any means, its activities to a Member State. A case-by-case analysis should be carried out in order to establish whether an offer is targeted at end users in the Union. (33) The Union harmonisation legislation applies to newly manufactured products but also to used and second-hand products, including products resulting from the preparation for re-use of electrical or electronic waste, imported from a third country when they enter the Union market for the first time (34) (35). This applies even to used and second-hand products imported from a third country that were manufactured before the legislation became applicable. Used and second-hand products which are on the Union market, and which are supplied to consumers are covered by the GPSD (Article 2(a) of the GPSD) when they are supplied or made available, whether for consideration or not, in the course of a commercial activity, unless the second-hand products are supplied as antiques or as products to be repaired or reconditioned prior to being used, and the supplier has clearly informed the person to whom he supplies the product to that effect. Under the GPSD, producers must ensure that they only place safe products on the market.

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Source: EUR-Lex (Cellar) · retrieved 2026-09-25 · Text as adopted (Official Journal); later amendments are not incorporated in this text.