Overview

The General Product Safety Regulation (GPSR) came into effect on December 13, 2024 for products in the European Union and Ireland replacing the General Product Safety Directive (GPSD). The purpose of the GPSR is to enhance safety standards for consumer products. I have reviewed the GPSR and continue to monitor the guidelines for small businesses as updates are released to ensure I remain compliant. With the current information available, I believe my artwork does not fall under GPSR requirements and is exempt. Below I provide an overview of how the rules apply to artwork and highlight why my original paintings and limited edition prints are not considered to be standard consumer goods.

Applicability of GPSR to Artwork

Works of Art Definition

Original artworks from a historical and legal context are generally excluded from GPSR obligations. The GPSR excludes antiques, which includes collectors' items and works of art, since they cannot meet the necessary safety requirements 

According to Regulation (EU) 2023/988 of the European Parliament and of the Council:

Antiques, such as works of art or collectors' items are specific categories of products which cannot be expected to meet the safety requirements laid down by this Regulation, and should therefore be excluded from its scope. However, in order to prevent other products from being mistakenly considered as belonging to those categories, it is necessary to take into account that works of art are products created solely for artistic purposes, that collectors' items are of sufficient rarity and historical or scientific interest to justify their collection and preservation, and that antiques, if they are not already works of art or collectors' items or both, are of an extraordinary age.

The regulation states Annex IX to Council Directive 2006/112/EC can be taken into account when assessing whether a product is an antique, such as a work of art or collector's item. Annex IX defines works of art to be:

1. Pictures, collages and similar decorative plaques, paintings and drawings, executed entirely by hand by the artist, other than plans and drawings for architectural, engineering, industrial, commercial, topographical or similar purposes, hand-decorated manufactured articles, theatrical scenery, studio back cloths or the like of painted canvas;
   
2. original engravings, prints and lithographs, being impressions produced in limited numbers directly in black and white or in color of one or of several plates executed entirely by hand by the artist, irrespective of the process or of the material employed, but not including any mechanical or photomechanical process;
   
   
3. original sculptures and statuary, in any material, provided that they are executed entirely by the artist; sculpture casts the production of which is limited to eight copies and supervised by the artist or his successors in title; on an exceptional basis, in cases determined by the Member States, the limit of eight copies may be exceeded for statuary casts produced before 1 January 1989;
   
   
4. tapestries and wall textiles made by hand from original designs provided by artists, provided that there are not more than eight copies of each;
   
   
5. individual pieces of ceramics executed entirely by the artist and signed by him;
   
   
6. enamels on copper, executed entirely by hand, limited to eight numbered copies bearing the signature of the artist or the studio, excluding articles of jewellery and goldsmiths' and silversmiths' wares;
   
   
7. photographs taken by the artist printed by him or under his supervision, signed and numbered and limited to 30 copies, all sizes and mounts included.

Art Exemption

As the owner and only employee of the small business Steller Arts, the products I sell are unique works of art including one-of-a-kind paintings and fine art prints sold in highly limited quantities or for a time limited duration. The works of art I produce strictly serve a decorative purpose for adults to enjoy.

Based on the regulations outlined in the previous section, the type of art I create falls under (1) paintings executed entirely by hand, (2) original prints produced in limited numbers, and (3) individual pieces of ceramics executed entirely by the artist and signed. The unique works of art I create strictly serve a decorative purpose for adults, are not considered standard consumer goods, and do not pose the safety risks that GPSR targets; therefore, my works of art do not fall under GPSR requirements. 

Summary of Key Points

• Non-Mass Production: Original artwork and limited edition prints are produced as a one-off or short run (i.e., limited quantities or time limited release) whereas consumer goods are mass produced. There are no EAN barcodes, serial numbers, or batch numbers used.
• Aesthetic Purpose: My art is purely decorative for enjoyment intended for adults and does not serve a functional purpose. The safety risk of a painting hanging on the wall is low risk.
• Low Risk: The safety risk of a painting or print hanging on the wall is low risk compared to electronic devices, toys with small parts, or functional items (e.g., lamps, furniture). The paint and materials used to create the art are already available and sold on the EU and NI markets complying with safety regulations.

Transitional Arrangements

Products on the Market

Several original paintings and limited edition prints in my shop were placed on the market prior to December 13, 2024 and are compliant with prior safety regulations Directive 2001/95/EC. Thus, a body of my artwork can continue to be sold in the EU and NI and no additional action is required for these items under the new GPSR regulations.

Future Adjustments

I anticipate future refinements and clarifications to the GPSR, especially for small businesses like myself. I will remain vigilant for future updates to remain compliant and adjust as needed.

Last updated: 2/16/2025