EU GENERAL PRODUCT SAFETY REGULATION
1. INTRODUCTION
We have reviewed the new EU General Product Safety Regulation (GPSR)—which updates and strengthens the previous General Product Safety Directive—to understand its potential implications for Zee’s artworks and her customers in the EU and Northern Ireland (NI). Below, we provide an overview of how these rules should apply to artworks, highlighting why original paintings and artist prints typically do not fall under GPSR requirements, as well as how we manage other items that may be considered consumer products.
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2. TRANSITIONAL ARRANGEMENTS
Article 51 of the GPSR provides transitional arrangements for products already on the market before 13 December 2024:
No Further Action for Existing Artworks
Products compliant with the 2005 UK GPSR (as it applied before 13 December 2024) may continue to be sold in the EU and NI. This includes all existing artworks and print runs already on the market.
Coverage of Artworks
Since our current stock of original artworks, limited-edition prints, and other items were placed on the market before 13 December 2024, no additional action is required for these items under the new regulation.
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3. APPLICABILITY OF GPSR TO ARTWORKS
We believe that original works of art—including paintings and limited-edition, signed artist prints—do not constitute “consumer products” under the GPSR. These artworks are:
-Unique or Produced in Minimal Quantities
-Paintings are one-of-a-kind creations.
-Signed limited-edition prints are sold in very small numbers.
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Not Assigned Barcodes or Traceability Codes
No EAN barcodes, serial numbers, or batch numbers are used, as these items are not mass-produced consumer goods.
Therefore, the GPSR’s requirements for traceability and labeling are not relevant to these artworks.
Covered Under Transitional Arrangements
Original paintings and signed prints shipped from the UK worldwide remain subject to the transitional provisions described above.
Based on these points, we conclude that the GPSR does not apply to these unique or nearly unique pieces.
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4. ITEMS POTENTIALLY CONSIDERED CONSUMER PRODUCTS
While original artworks—such as paintings and signed limited-edition prints—are almost always unique, we recognize that certain other products may appear to fall under the scope of consumer goods. These items include:
- Unsigned art prints
- Artist-designed gifts
- Homeware
However, in many cases, these items are still produced on a made-to-order, one-off basis rather than in mass batches. Below is how we address each point related to product-safety compliance.
4.1 Production & Local Shipping
On-Demand Model
We partner with The Print Space, which specializes in on-demand art print production. This means each piece is individually produced when ordered, rather than being manufactured in large batches.
No Barcodes or Serial Numbers
Because each item is custom-printed or made-to-order, it does not carry typical batch codes, serial numbers, or barcodes. This structure inherently differs from standard consumer goods subject to detailed traceability requirements under the new GPSR.
4.2 ‘White-Label’ Packaging
Logistical Limitations
Our EU-based partner uses white-label packaging and delivery systems, which limit the ability to include additional product information or labeling. This approach is standard practice in the print-on-demand industry and does not lend itself to applying typical GPSR labeling or batch-trace requirements. The Print Space has fulfillment centers in London (UK), Düsseldorf (Germany), and New York (USA), so all EU shipments of these on-demand products are sent from Germany.
Industry-Wide Challenge
We believe that the GPSR (primarily designed for mass-produced consumer goods) does not directly account for one-off, made-to-order items that lack batch or serial numbers. We anticipate ongoing refinements or clarifications to address these industry realities.
4.3 Use of Transitional Arrangements
Interim Continuity
To the extent any of our on-demand items might be viewed as consumer products, we rely on the transitional provisions (Article 51 of the GPSR) to continue providing them to our EU and NI customers.
Future Adjustments
We will remain vigilant for any further regulatory updates or clarifications, especially as the European Commission and Member States refine how the GPSR applies (or does not apply) to small-scale, made-to-order production.
Although we believe the GPSR is largely intended for mass-produced consumer goods, we continue to monitor regulatory developments and ensure that any item potentially falling within the “consumer product” realm meets the necessary compliance standards. Our focus, however, remains on unique, one-off artist creations that do not conform to typical mass-production models.
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5. WHY ORIGINAL ARTWORKS GENERALLY DO NOT FALL UNDER EU CONSUMER PRODUCT REGULATIONS
5.1 Historical Background
Regulatory Focus
EU product-safety rules were designed to protect consumers from hazardous or defective mass-produced goods, such as electrical devices, toys, and everyday household items.
Art Exception
Traditionally, purely decorative or artistic works have not been targeted by product-safety legislation due to their unique, non-mass-produced nature and aesthetic (rather than utilitarian) function.
5.2 Key Points About Artworks
Non-Mass Production
Original artworks (and limited-edition prints) are produced in single editions or short runs—unlike typical consumer goods that are mass-manufactured.
Aesthetic Purpose
A painting or sculpture’s intrinsic value lies in cultural and creative expression, not in a practical or functional use.
Low-Risk Profile
Product-safety rules are intended to protect the public from foreseeable dangers during normal usage. A wall-hung painting does not present the same kind of risk as an electronic device or a toy with small parts.
5.3 Regulatory Precedent & Guidance
European Commission Guidance
Interpretative documents specify that consumer-safety directives apply primarily to products “intended for consumers or likely to be used by consumers,” highlighting a utilitarian function.
CJEU Jurisprudence
The Court of Justice of the European Union consistently emphasises consumer-safety legislation’s role in preventing injury from normal or reasonably foreseeable use—not purely decorative display pieces.
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6. CONCLUSION
Given the historical and legal context, original artworks—one-off paintings, unique sculptures, and limited-edition prints—are generally excluded from GPSR obligations. They are not standard consumer goods, they lack typical mass-production characteristics, and they do not pose the types of safety risks that the GPSR targets.
At Zee van Gils & underthezee.com, our main focus is on providing collectible, decorative artworks for adults to enjoy, and we will continue to monitor any regulatory changes to ensure we remain compliant while supporting both the artist and her customers.
