Do the General Product safety Directive(GPSD) and General Product Safety Regulations(GPSR) require an authorised representative?
The General Product Safety Directive in the EU and the General Product Safety Regulations in the UK have the same approach and similar requirements and they require a ‘manufacturer’s representative’ or an ‘importer’ to represent products.
Where can I read the legal requirements and obligations for an Authorised representative for general products in the EU and UK?
Who is the Producer, who must represent the safety of a general product to the authorities?
In GPSD article 2(e) / GPSR Reg.2, the producer is defined as
What are the obligations of the Producer?
In GPSD article 3 and 5 / GPSR Reg.5 and 7, requires the producer to:
These measures enabling the producer to be informed of risks must include, for example,
Can I get away without appointing an AR for a general product?
The EU GPS directive defines the producer so that the only products without a producer in the EU are those sold direct to end users by a non-EU manufacturer, for example purchased online.
EU distributors and retailers bringing in non-EU products are considered to be the importer. If they fulfil the obligations of the producer, the non-EU manufacturer does not need to appoint an AR.
The UK GPS regulations apply the same principles to Great Britain.
Do I still need to appoint an AR for a general product that presents no hazards to anyone?
The need for products to have a producer does not depend on how hazardous the product is.
The GPS directive and Regulations require the producer to adopt measures commensurate with the characteristics of the products which they supply. This means that the measures must be proportional to the risk. If a product presents no hazards, then no measures need to be applied. This does not mean that a producer is not needed, it just means they don’t need to adopt any measures. The producer still needs to represent the product to the authorities to explain why there are no hazards and no safety measures.