- Cristina Lefter
- 19 hours ago
- 4 min read
The General Product Safety Regulation (EU) 2023/988 (GPSR) applies across the European Union since 13 December 2024, replacing the old 2001 directive. We have discussed it in October last year here. In brief, the GPSR reshapes how companies must handle product safety, traceability, and labeling for all non-food consumer products.
The provisions of the GPSR refer to several key operators throughout the supply chain, amongst which the four main players: manufacturers, importers, authorised representatives, and distributors. The aim of this article is to discuss the meaning that the GPSR gives to each of these concepts and the attributes/responsibilities attached to each of them. In practice, knowing one’s legal responsibilities (and attached liabilities) makes a real difference and could mean the difference between compliance and non-compliance (with all ancillary consequences).
1. Manufacturer
As per the GPSR, the manufacturer is “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”.[1]
The manufacturer has the following key obligations:[2]
To ensure the product is safe and complies with all applicable EU rules.
To carry out (or have carried out) a risk assessment and, if required, testing.
To label the product with: (i) a product identifier (type, batch, or serial number); (ii) the manufacturer’s name, registered trade name or trademark, and contact address (postal and electronic); (iii) to provide instructions and safety information in a language understood by consumers in the target EU country; (iv) to keep technical documentation and records of complaints or recalls for 10 years; (v) to take corrective action — including recalls — if a product is unsafe.
Note that if an economic operator (such as a distributor – see below) rebrands or substantially modifies a product made by someone else, they legally become its manufacturer under the GPSR.[3]
2. Importer
An importer is “any natural or legal person established within the Union who places a product from a third country on the Union market.”[4]
The importer has the following key obligations:[5]
To verify that the manufacturer has done their job: risk assessment, labeling, safety information, and documentation.
To place their own name, trade name or trademark, and contact address (postal and email) on the product, its packaging, or accompanying documents.
To ensure the product can be safely used and that it complies with the GPSR and any specific product legislation.
To cooperate with market surveillance authorities and keep documentation for at least 10 years.
If the manufacturer is located outside the EU, the importer becomes the main contact point for authorities and consumers inside the EU.
3. The Authorised Representative — The Local Contact for Non-EU Manufacturers
The authorised representative is “any natural or legal person established within the Union who has received a written mandate from a manufacturer to act on that manufacturer’s behalf in relation to specified tasks with regard to the manufacturer’s obligations under [the GPSR].”[6]
In other words, a manufacturer outside the EU can appoint an authorised representative within the EU to act on their behalf. This is common when non-EU companies want to sell directly into the European market without setting up a legal entity.
The authorized representative has the following key obligations:[7]
To hold the EU declaration of conformity or technical documentation for inspection.
To cooperate with authorities on safety matters.
To communicate with market surveillance bodies on behalf of the manufacturer.
However, the authorised representative cannot replace the manufacturer’s core responsibilities — they assist, but they don’t assume full product liability unless they also act as importer or distributor.
4. Distributor — The Link in the Chain
The distributor is “any natural or legal person in the supply chain, other than the manufacturer or the importer, who makes a product available on the market.”[8]
In other words, a distributor is any operator in the supply chain who makes a product available on the market — for example, a retailer or wholesaler — without being the manufacturer or importer.
The distributor’s key obligations are the following:[9]
To check that the product bears all required labeling, including manufacturer/importer details and instructions.
To ensure the product is not clearly unsafe before sale.
To keep records of suppliers and customers to ensure traceability.
To cooperate with authorities in case of safety investigations or recalls.
5. Why These Distinctions Matter
The definitions and concepts referred to above aren’t just labels — they essentially allocate liability to various operators throughout the supply chain. In plan words, they indicate who’s accountable when something goes wrong with respect to a non-food product.
Examples of this allocation of liability may include the following situations:
If a product lacks contact details or traceability, authorities will hold the importer responsible.
If an unsafe product is found, the manufacturer must initiate corrective actions.
If the manufacturer is a company located outside the EU, and there’s no EU importer, the authorised representative may be treated as the responsible person.
Also, gaps in compliance, may lead to a product being stopped from being legally sold in the EU.
Conclusion
For businesses, understanding the concepts outlined by the GPSR means knowing exactly which role they play, ensuring the right information is on product labels, and keeping the proper documentation in place. In real life, reaching such conclusion often starts with a simple question: “what should the label contain?” Hopefully, this question is addressed to a lawyer.
[1] GPSR, Art. 3 para. (8).
[2] Ibid, Art. 9.
[3] Ibid, Art. 13.
[4] Ibid, Art. 3 para. (10).
[5] Ibid, Art. 11.
[6] Ibid, Art. 3 para. (9).
[7] Ibid, Art. 10.
[8] Ibid, para (11).
[9] Ibid, Art. 12.
