§2.3 What kind of products are excluded from the scope of the GPSR?

The following products and product groups are excluded from the scope of application of the GPSR: a) medicinal products for human or veterinary use; b) food; c) feed; d) living plants and animals, genetically modified organisms and genetically modified microorganisms in contained use, as well as products of plants and animals relating directly to their future reproduction; e) animal by-products and derived products; f) plant protection products; g) equipment on which consumers ride or travel if that equipment is directly operated by a service provider within the context of a transport service provided to consumers and is not operated by the consumers themselves; h) aircraft referred to in Article 2(3) (d) of Regulation (EU) 2018/1139; and i) antiques (i.e. products, such as collectors’ items or works of art, in relation to which consumers cannot reasonably expect that they fulfil state-of-the-art safety standards). Moreover, the GPSR does not apply to products to be repaired or to be reconditioned before use if those products are placed or made available on the market and are clearly marked as such. It would nevertheless apply to second hand products, repaired, refurbished or reconditioned products placed or made available on the market as such. Services are not covered by the GPSR but products provided to consumers in the context of a service are covered by the GPSR. For example: — Products supplied to consumers that are used outside the premises of a service provider, (e.g., bikes rented); — Products used in the premises of a service provider, if consumers themselves actively operate a product, (e.g., fitness machines in fitness centres); — Products directly used by consumers during the service provided, and this even if such use is passive (e.g., those products are being applied to the consumers by the service providers such as cosmetics products used in cosmetic saloons or tattoo inks used in tattoo salons).

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Source: EUR-Lex (Cellar) · retrieved 2026-09-07