Authorised Representatives under the General Product Safety Regulation

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The General Product Safety Regulation (GPSR) affects consumer products sold in the EU markets and is set to replace the General Product Safety Directive (GPSD) on 13 December 2024. In comparison to a directive, this is a regulation which means that the GPSR is directly applicable in all EU member states.

One of the major differences between the GPSR and the GPSD, is that the GPSR sets requirements for a responsible person who must be established in the EU.

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A product covered by this Regulation shall not be placed on the market unless there is an economic operator established in the Union who is responsible for the tasks set out in Article 4(3) of Regulation (EU) 2019/1020 in respect to that product. […]

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Thus, virtually all consumer products must be connected to economic operators based in the EU. In practice, this would mean that businesses from outside of the EU must approach an authorised representative to comply with the GPSR and place their products in the EU market. In the past, this requirement was only affecting products covered by CE marking directives or regulations, as required by the Market Surveillance Regulation.

In this guide, we address common questions associated with the requirement for an authorised representative.

What is an Authorised Representative in the context of the GPSR?

An authorised representative is an individual or a legal person (i.e. a business) that is based in the EU and is required to perform specific tasks on behalf of a manufacturer.

To appoint an authorised representative, the manufacturer needs to draft a written mandate spelling out the tasks to be performed.

Which companies need an Authorised Representative?

Under the GPSR, the authorised representative can only be appointed by the manufacturer. Below we provide the definition of a “manufacturer” under the GPSR:

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‘manufacturer’ means 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;

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Manufacturers’ based in the EU can choose to pass on the tasks to an authorised representative as they have the option to perform the tasks themselves. However, for those placing products under their name or trademark from outside of the EU, the only feasible option would be to engage an authorised representative.

Which products are covered by this requirement?

By referencing the product scope for standards that are referenced by the GPSD and GPSR, one can get a picture of the range of product categories that are affected by the regulation:

• Seating and tables for camping
• Children’s cots and folding cots
• Strength training benches
• Gymnastic equipment
• Bicycles
• Foldaway beds
• Audio/video, information and communication technology equipment

However, the GPSR’s coverage of products extends beyond what’s covered under these standards, as it covers consumer products in general. This means that the authorised representative requirement applies to virtually all consumer products placed in the EU.

Note that CE-marking products were already covered by the requirement for an authorised representative under the Market Surveillance Regulation.

How does the GPSR AR differ from AR requirements under the market surveillance regulation?

The GPSR specifies that the responsible person for the product placed in the EU must perform the tasks contained in Article 4(3) of the Market Surveillance Regulation.

Here is a quote from Article 16 of the GPSR concerning this requirement:

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[…] Article 4(2) and (3) of that Regulation shall apply to products covered by this Regulation. For the purposes of this Regulation, references to ‘Union harmonisation legislation’ and ‘applicable Union harmonisation legislation’ in Article 4(3) of that Regulation shall be read as ‘this Regulation’.

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Article 4(3) of the Market Surveillance Regulation

This article sets the following requirements for the responsible person:

a. Verifying that the technical documentation has been drawn up

b. Providing authorities with information necessary to demonstrate product conformity, upon request

c. Inform the authorities, if the product presents risks

d. Cooperating with the authorities

Differences

1. The first difference between the requirements of the authorised representative under the GPSR and the Market Surveillance Regulation is that the GPSR does not restrict its application to “Union harmonisation legislation”, which only covers CE-marking directives and regulations.

Basically, the GPSR has extended the requirements to virtually all consumer products as a result, not only products that need CE marking.

2. Furthermore, the GPSR differs from the Market Surveillance Regulation in that it requires the authorised representative acting as the responsible person to perform some additional tasks. We quote from Article 16 of the GPSR:

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[…] in addition to the tasks referred to in Article 4(3) of Regulation (EU) 2019/1020, […] the economic operator referred to in paragraph 1 of this Article shall regularly check:

(a) that the product complies with the technical documentation referred to in Article 9(2) of this Regulation;

(b) that the product complies with the requirements provided for in Article 9(5), (6) and (7) of this Regulation.

The economic operator referred to in paragraph 1 of this Article shall, upon request by the market surveillance authorities, provide documented evidence of the checks performed.

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Do UK companies selling to the EU need an AR?

Post Brexit, the United Kingdom is not longer in the EU. With reference to the requirements of the GPSR, this would mean that UK businesses interested in placing their products in the EU would necessarily have to appoint an authorised representative in the EU to perform some tasks, such as the tasks listed in Article 4(3) of the Market Surveillance
Regulation.

Do Amazon sellers need an AR to comply with GPSR?

According to an article entitled “General Product Safety Regulation GPSR on Amazon” published in ChannelX, Amazon has recently informed users of the requirements of GPSR and that Amazon sellers must comply with the regulation by the 13th of December 2024.

Amazon sellers from outside of the EU must approach a responsible person based in the EU. Practically this would mean that they would have to approach an authorised representative.

How can I find an Authorised Representative to comply with GPSR?

There are different companies that offer an authorised representative service. As they are businesses, you have to pay a fee for such services.