Know the obligations of importer under the GPSR
REGULATION (EU) 2023/988
Know the obligations of importer under the GPSR
The General Product Safety Regulation (EU) 2023/988 (GPSR) is the new European legislation regulating the safety of consumer products in European Union. The aim with this new regulation is to ensure a high level of protection of consumer health and safety, while also ensuring the efficient functioning of the internal market.
If you are an importer (i.e., any natural or legal person established within the European Union who places a product from a third country on the European Union market), you should be aware of the new obligations and updates.
It is important to clarify that any natural or legal person that either places a product on the market under their own name or trademark or substantially modifies a product, shall be considered to be the manufacturer and should assume the obligations of the manufacturer.
The regulation considers a modification (physical or digital) to be substantial if the modification has an impact on the safety of product and the following criteria are met:
- The modification changes the product in a manner which was not foreseen in the initial risk assessment of the product;
- The nature of the hazard has changed, a new hazard has been created or the level of risk has increased because of the modification; and
- The modifications have not been made by the consumers themselves or on their behalf for their own use.
Now that the definition of importer and what is meant by a relevant modification has been clarified, please find below a brief description of the obligations for importers in accordance with the new regulation:
- Importer shall ensure that the product complies with the general safety requirement and that the manufacturer has complied with technical documentation, risk assessment and marking requirements.
- Cooperate with market surveillance authorities and the manufacturer to ensure that a product is safe.
- Marking requirements. Mandatory information relating to the importer:
- Name, registered trade name or registered trade mark.
- Postal and electronic address and, where different, the postal or electronic address of the single contact point at which they can be contacted.
- Importers shall ensure that any additional label does not obscure any information required by European Union law on the label provided by the manufacturer.
- Clear instructions and safety information (in a language which can be understood by consumers) must be provided.
- Storage or transport conditions must not jeopardise the product’s conformity with the general safety and marking requirements.
- Copies of technical documentation shall be kept for a period of 10 years and made available for the authorities upon request.
- Verification of the correct function of communication channels for consumers to make complaints and communicate any accidents.
- A register of complaints must be set up (which should only store personal data necessary for the importer to investigate the complaint about an alleged dangerous product. Such data shall only be kept for as long as is necessary for the purposes of the investigation and in any event no longer than five years after the data have been entered).
Until 13th December 2024, you have time to update your obligations.
