A. Amendment to the Construction Products Act (BauPG)
Just today, on 14 January 2026, the law amending the Construction Products Act and other legal provisions to comply with Regulation (EU) 2024/3110 laying down harmonized rules for the marketing of construction products was published in the German Federal Law Gazette. At the heart of the article law is Art. 1, which amends the German Construction Products Act (BauPG). The reformed BauPG also serves to implement the new EU Construction Products Regulation (Regulation (EU) 2024/3110), which will apply in parallel with the old Construction Products Regulation (Regulation (EU) No 305/2011) for the next few years. Sec. 10 para. 3 BauPG contains numerous new administrative offenses for violations of Regulation (EU) 2024/3110, which will come into force tomorrow, on 15 January 2026. In fact, the new EU Construction Products Regulation is largely applicable throughout the EU since 8 January 2026.
B. The New Product Safety Act (ProdSG)
After an unsuccessful attempt by the previous governing coalition to reform the Product Safety Act (Produktsicherheitsgesetz – hereinafter ProdSG), the project was taken up again by the new Federal Government. On 9 October 2025, the Federal Government published its draft act amending the Product Safety Act and other product-safety‑related provisions (BR‑Drs. 548/25). The new Government has largely based its proposal on the earlier draft of the previous coalition, which had been controversial only in certain details. New emphasis has been placed, for example, on the administrative offences set out in Sec. 28 ProdSG‑E. The legislative process is now coming to an end.
The new Product Safety Act will, alongside Regulation (EU) 2023/988 (the General Product Safety Regulation – hereninafter GPSR), naturally no longer have the central role that the national ProdSG has held from 2011. In the future, the ProdSG will primarily serve to implement various EU directives (Sec. 1 para. 1 ProdSG‑E), supplement the GPSR with additional national provisions (Sec. 1 para. 2 ProdSG‑E), and continue to operate as residual legislation for the non‑harmonised B2B sector, meaning products for professional users without CE marking (Sec. 1 para. 3 ProdSG‑E).
Of practical importance is the new Sec. 6 ProdSG‑E, which will regulate the language requirements for information, safety information, instructions and warnings. In the Federal Republic of Germany, this will — unsurprisingly — require the use of the German language. The national legislator thereby continues the existing approach under Sec. 3 para. 4 ProdSG, which likewise prescribes the German language for user instructions.
The legislator is also using the ProdSG reform to introduce several adjustments to the rules governing the GS mark in Sec. 20 ff. ProdSG‑E. Unlike the CE marking, the GS mark is, as is well known, a genuine quality mark awarded exclusively by a third‑party body (a so‑called GS body) following, in particular, a stringent safety assessment of a specimen. Under the key testing programme in Sec. 20 para.3 No 1 ProdSG‑E, future assessments will no longer refer solely to compliance with Sec. 3 ProdSG/ProdSG‑E. For harmonised products subject to directly applicable EU regulations, corresponding references to Union law will be incorporated. For instance, with respect to personal protective equipment (PPE), it is clarified that such products must comply with Art. 5 Regulation (EU) 2016/425 (the so-called PPE Regulation) in conjunction with Annex II to Regulation (EU) 2016/425. The relevant benchmark is therefore the essential health and safety requirements. Furthermore, the decision to award the GS mark must in future be taken solely by the GS body’s own personnel, pursuant to Sec. 21 para. 1 third sentence ProdSG‑E. Conversely, the technical assessment of the test results under Sec. 20 para. 3 ProdSG/ProdSG‑E may be performed by a specialist certifier from an external body. This is intended to facilitate the involvement of external bodies, particularly in Asia, where many GS‑marked products are actually manufactured. The prohibitions on use and advertising relating to the GS mark are also expanded in Sec. 24 para. 2, second sentence ProdSG/ProdSG‑E. A manufacturer may no longer use the GS mark or advertise with it if the GS body has not awarded the mark (No. 1). The same applies where the period of validity under Sec. 20 para. 5, second sentence ProdSG/ProdSG‑E has expired. According to the legislator, both adjustments merely clarify the existing legal situation (BR‑Drs. 548/25, p. 28).
The amended provision in Sec. 28 para. 2 ProdSG‑E, which sets out administrative offences for culpable infringements of the GPSR, is of substantial practical relevance. No fewer than 32 administrative offences are planned. Most may be punished with fines of up to EUR 10,000, while two infringements of the GPSR may — under Sec. 28 para. 3 ProdSG‑E — lead to fines of up to EUR 100,000. These relate to the respective duties of manufacturers and importers to take corrective action in the field in relation to dangerous products (Sec. 28 para. 2, No 7, 19, para. 3 ProdSG‑E). The administrative offence originally proposed by the previous government coalition in No. 21 — which would have penalised distributors’ violations of the prohibition on making products available under Art. 12 para. 3 GPSR with fines of up to EUR 100,000 (BR‑Drs. 231/24) — has now been softened. Distributors now face only a fine of up to EUR 10,000.
C. GPSR-Guidelines
The year 2026 will also be shaped by the new GPSR Guidelines (Commission Notice C/2025/6233). After all, the publication of these guidelines at the end of 2025 had been eagerly awaited for quite some time. The GPSR Guidelines will provide small and medium-sized enterprises in particular with a helpful introduction to the requirements under the GPSR. The checklists and templates the guidelines contain are likely to prove useful in practice. However, as they largely reiterate the statutory requirements set out in the GPSR, they offer only limited added value for larger companies with established compliance structures.
In detail, we would like to draw attention to the following aspects of the guidelines:
The GPSR Guidelines are intended to bring clarity with regard to both the personal and material scope of application. For example, they state that the GPSR applies to companies of all sizes (Guideline 1.1, p. 2). In addition, the specific design of a service may determine whether a company is to be classified as a distributor or a manufacturer, or as a manufacturer or a provider of an online marketplace (Guideline 1.1, p. 3). Furthermore, the Regulation is intended to apply not only to tangible products, but also to intangible products such as software, apps and chatbots (Guideline 2.1, p. 6). This classification should, however, be viewed with caution, as the concept of an “item” generally presupposes a tangible nature. From a manufacturer’s perspective, the explanations on risk analysis and technical documentation (including a model template that also addresses risk analysis) are of particular interest (Guideline 3.1.1, p. 10 ff.). With regard to the electronic address — incorrectly referred to there as an email address — the Commission maintains its position that a static website should not be sufficient (Guideline 3.1.1, p. 13), although this does not explicitly follow from the GPSR itself. Existing uncertainties as to the concrete duties of the responsible person under Art. 16 GPSR are reduced by the guidelines, as the tasks of the responsible person are set out in detail (Guideline 3.2, p. 29 f.). Furthermore, operators of online marketplaces are urged by the guidelines to review dangerous products listed in the Safety Gate portal before offering a consumer product online (Guideline 3.3, p. 33).
D. Reform of EU Toy Laws
On 26.11.2025, toy legislation was reformed. In the future, this area of product safety law will be governed by Regulation (EU) 2025/2509 (the so-called EU Toy Regulation). Even though the new EU Toy Regulation will only apply from 1 August 2030 pursuant to Art. 59 para. 2 Regulation (EU) 2025/2509, and thus provides for a lengthy transitional period, this time should be used to review the new regulatory framework. As this is a fundamental reform, internal corporate adjustments will often be on the agenda. Until then, Directive 2009/48/EC (the so-called EC Toy Safety Directive) will remain relevant. Given the more than 15 years separating the two legal acts, it comes as no surprise that European toy law is being significantly modified and digitalised. The core pillars of the sector-specific provisions, however, will remain intact.
The scope of application of European toy law is intended to remain largely unchanged. Nevertheless, there are certain detailed amendments. For example, paintball equipment will in the future be expressly excluded from the material scope of application pursuant to point 20 of Part II of Annex I to Regulation (EU) 2025/2509. With regard to the practically important decorative items for festive occasions and celebrations listed in point 1 of Part II of Annex I to Regulation (EU) 2025/2509, the legislator has now incorporated what the Commission had previously already postulated in its guidelines. According to this, only those decorative articles are excluded “which have no play value”. This means that the vexed debate over the play value of these products—often situated in a toy-law “grey area”—will continue. For the legal certainty of all parties involved, a different interpretation, which would equally be possible, would be far more helpful: namely, that the decorative articles in question should not be assessed under toy safety law regardless of their play value.
The essential safety requirements are set out in Art. 5 Regulation (EU) 2025/2509. In this respect, the distinction remains between the general safety requirement pursuant to Art. 5 para. 2 Regulation (EU) 2025/2509 on the one hand, and the specific safety requirements pursuant to Art. 5 para. 1 Regulation (EU) 2025/2509 in conjunction with Annex II to Regulation (EU) 2025/2509 on the other. The specific safety requirements are laid down in Annex II to Regulation (EU) 2025/2509, with particular attention to be paid to the chemical properties set out in Part III. The rules on warnings follow from Annex III to Regulation (EU) 2025/2509.
The obligations of economic operators in Artt. 9 ff. Regulation (EU) 2025/2509 are being brought into line with the current state of legislation. New provisions include the obligations of fulfilment service providers in Art. 11 Regulation (EU) 2025/2509 and the obligations of providers of online marketplaces in Art. 14 Regulation (EU) 2025/2509. The specific obligations of fulfilment service providers deserve particular emphasis, as they have so far only appeared sporadically in product safety law, whereas online sales platforms have already been required, since 13.12.2024, to comply with the extensive catalogue of obligations set out in Art. 22 Regulation (EU) 2023/988.
Finally, a Digital Product Passport (DPP) will be introduced. The provisions in Artt. 19-25 Regulation (EU) 2025/2509 make up the entirety of Chapter V of the EU Toy Regulation. Pursuant to Art. 19 para. 1 first sentence Regulation (EU) 2025/2509, manufacturers must issue a digital product passport before placing a toy on the market. The individual elements of the DPP are specified in Part I of Annex VI to Regulation (EU) 2025/2509. Security information and warnings on the one hand, and instructions for use on the other, are therefore not mandatory elements (Part II of Annex VI to Regulation (EU) 2025/2509). The DPP is intended to play a role in any customs controls in connection with the digital product passport pursuant to Art.23 Regulation (EU) 2025/2509. In addition, a dedicated register for the passports will be established (see in detail Art. 22 Regulation (EU) 2025/2509).
E. Preparing for the New EU Machinery Laws
As well known, the new EU Machinery Regulation (Regulation (EU) 2023/1230) will become applicable across the EU on 20.012027. With the Act Implementing Regulation (EU) 2023/1230 (Maschinenverordnung-Durchführungsgesetz – MaschinenDG), the Federal Republic of Germany has recently created the nationally required legal framework for the application of European machinery law on the German market. The MaschinenDG allocates responsibilities, regulates market surveillance mechanisms and provides for sanctions in the form of administrative fines and criminal penalties in the event of relevant infringements of machinery law. At the same time, it repeals the former Ninth Ordinance to the Product Safety Act (9. ProdSV). The Act entered into force on 06.12.2025.
As usual, the German legislator requires the German language to be used for the instructions for use pursuant to Art. 10 para. 7 Regulation (EU) 2023/1230, for any information pursuant to Art. 10 para. 7, first sentence Regulation (EU) 2023/1230 in conjunction with Annex III to Regulation (EU) 2023/1230, and for the EU declaration of conformity pursuant to Art. 10 para. 8 Regulation (EU) 2023/1230 in conjunction with Part A of Annex V to Regulation (EU) 2023/1230; see Sec. 2 para. 1 first sentence MaschinenDG. The extensive catalogue of administrative offences is set out in Sec. 9 para. 1 MaschinenDG, while the criminal offences in Sec. 10 MaschinenDG should, based on experience, play no practical role.
In view of the approaching date of application of the new European machinery law, every manufacturer of machinery and industrial plants would be well advised to familiarise itself with the substantive changes in good time. The key developments lie in European law, whereas the MaschinenDG merely serves its national implementation.
F. Ecodesign Laws
Regulation (EU) 2024/1781 (the so-called EU Ecodesign Regulation; hereinafter “ESPR”) entered into force on 18 July 2024. As a framework regulation, the ESPR establishes the regulatory basis for uniform rules and sets out how ecodesign requirements for different product groups are to be specified in the future through the adoption of delegated acts pursuant to Art. 4 ESPR. The ESPR does not specify which products will be subject to which concrete requirements in the future. On the basis of Art. 18 para. 3 ESPR, the Commission presented its first Working Plan for 2025-2030 on 16.04.2025 (COM(2025) 187 final), thereby outlining for the first time when it intends to adopt delegated acts for which prioritised product groups. The focus is on those product groups that have particularly high potential for resource conservation and emission reduction, namely textiles, furniture and tyres, as well as the key basic materials iron, steel and aluminium. The Commission already intends to adopt delegated acts for iron and steel this year.
The transitional period for a total of 19 product groups that were already regulated under Directive 2009/125/EC (the so-called Ecodesign Directive) will expire on 31 December 2026. Until then, the existing rules will continue to apply unchanged. Sixteen of these products were included in the Working Plan 2025-2030, as the Commission considers that there is potential for improvement. These product groups will remain fully within the existing directive-based system until the end of 2026, while the Commission simultaneously makes preparations to gradually adopt new or revised legal acts under the ESPR. The product groups for which a revision or the initial establishment of requirements is planned in 2026 include the following:
- Low-temperature radiant heaters
- Household dishwashers
- Household washing machines and wash-dryers
- Commercial washing machines
- Commercial dishwashers
- Local space heaters (however, only with regard to energy labelling requirements)
Once ecodesign requirements are established for a product group, the relevant product will be assigned a digital product passport (Art. 9 para. 1 ESPR). The adoption of an implementing act establishing a digital product passport register pursuant to Art. 13 para. 5 subpara. 3 ESPR is expected in the first quarter of 2026.
In Chapter VI, the ESPR introduces transparency obligations and prohibitions relating to the destruction of unsold consumer products. Large companies are (partly) already required to disclose information on the destruction of unsold consumer products for the first financial year following the entry into force of the ESPR (Art. 24 para. 1 ESPR). A draft implementing act specifying the format and presentation requirements for such disclosures has already been published. From 19 July 2026, large companies will also be subject, pursuant to Art. 25 para. 1 ESPR in conjunction with Annex VII ESPR, to a ban on the destruction of the following unsold consumer products:
- Clothing and clothing accessories
- Footwear
Medium-sized enterprises will follow in 2030, while small and micro-enterprises are, for the time being, exempted from the prohibition on destruction. The Commission must define exceptions to the prohibition by means of a delegated act (Art. 25 para. 5 ESPR). In this respect, a draft has been available since summer 2025, which specifies the grounds for exemption listed in Art. 25 para. 5 ESPR, such as health, hygiene and safety reasons, damage to products, or the refusal of products for use as donations. The adoption of both drafts was originally planned for the third quarter of 2025. Even though it is currently not yet clear when the drafts will be adopted, adoption can be expected this year.
For further reading: Schucht, Aktuelle Rechtsfragen zur neuen EU-Produktsicherheitsverordnung (GPSR), CCZ 2025, 44; Schucht/Wiebe, EU-Produktsicherheitsverordnung. General Product Safety Regulation, 2025; Schucht/Wiebe, Die neue EU-Produktsicherheitsverordnung. General Product Safety Regulation (GPSR), 2024; Wiebe/Daelen, Die neue EU-Ökodesignverordnung im Überblick, ESG 2024, 359.
Do you have any questions about this news item or would you like to discuss it with the author? Please feel free to contact: Dr Carsten Schucht and Marie Carnap, LL.M.
