While non-EU manufacturers must have a EU-based Responsible Person for their products by 13 December 2024, they can choose to appoint an authorised representative with a written mandate. In this context, the GPSR defines manufacturer as “any natural or legal person who manufactures a product or has a product designed or manufactured, and markets that product under that person’s name or trademark”.
EU authorised representative for general products
Non-EU manufacturers must have an economic operator based in the EU. According to the new General Product Safety Regulation (GPSR), this economic operator is the Responsible Person. The authorised representative (AR) can act as Responsible Person when specified in a written mandate.
In addition to the Responsible Person’s obligations, the EAR will:
- Upon request, provide market surveillance authorities with all information and documentation necessary to demonstrate product safety.
- Inform the manufacturer where they consider or have reason to believe that a product is dangerous.
- Inform the competent national authorities about any action taken to eliminate the risks posed by products covered by their mandate through a notification in the Safety Business Gateway, where the information has not been already provided by the manufacturer or upon instruction of the manufacturer.
- Upon request, cooperate with the competent authorities on any action taken to eliminate in an effective manner the risks posed by products covered by their mandate.
Authorised representative and responsible person: different scenarios to comply with the GPSR
While non-food consumer products have a Responsible Person by default, different scenarios apply based on where the manufacturer is located:
Scenario 1: EU manufacturers act as their Responsible Person by default. Appointing an AR that acts as their Responsible Person is possible.
Scenario 2: Importers of non-EU manufacturers act as the Responsible Person by default. However, if manufacturers do not want to rely on their importer as Responsible Person, appointing an AR that acts as their Responsible Person is possible.
Scenario 3: When non-EU manufacturers sell their products online and do not have an importer, the EU based fulfilment service provider acts as Responsible Person. Nonetheless, also in this case manufacturers can appoint an AR that acts as Responsible Person.
Responsible Person obligations
When acting as Responsible Person, the EAR must check also that:
- The product complies with the technical documentation requirements.
- The product complies with the following requirements:
- Products bear a type, batch or serial number or other element enabling the product’s identification.
- The manufacturer’s name, their registered trade name or registered trademark, their postal and electronic address.
- Product is accompanied by clear instructions and safety information (when applicable).
Do you want to know more about how to comply with the GPSR? Contact us here.
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