§3.1.4 I am a distributor: what are my obligations under the GPSR?

Who is a distributor? The GPSR defines a distributor as any natural or legal person in the supply chain, other than the manufacturer or the importer, who makes a product available on the market. Making available on the market means any supply of a product for distribution, consumption or use on the Union market in the course of a commercial activity, whether in return for payment or free of charge. For example, a distributor can be a business that makes a manufacturer’s product available on the market with packaging translated for a specific EU country, as long as it is still sold under the manufacturer’s name or trademark. Before making the product available on the market: 1. You should verify whether the manufacturer and importer (where applicable) have complied with the following requirements regarding the product you intend to distribute: a) That the product bears a type, batch or serial number or other element enabling the identification of the product which is easily visible and legible for consumers, or, where the size or nature of the product does not allow it, that the required information is provided on the packaging or in a document accompanying the product. b) That the manufacturer has indicated its name, its registered trade name or registered trademark, its postal and electronic address and, where different, the postal or electronic address of the single contact point where it can be contacted. That information should be placed on the product or, if that is not possible, on its packaging or in a document accompanying the product. c) That the product is accompanied by clear instructions and safety information in a language which consumers can easily understand, as determined by the Member State in which the product is made available on the market. This is not required if the product can be used safely and as intended by the manufacturer without such instructions and safety information. d) If an importer is involved in the supply chain, that the importer has indicated its name, its registered trade name or registered trademark, its postal and electronic address and, where different, the postal or electronic address of the single contact point where it can be contacted. That information must be placed on the product or, where that is not possible, on its packaging or in a document accompanying the product. e) That there is no additional label obscuring any information required by EU law on the label provided by the manufacturer or the importer. 2. You should make sure that, while a product is under your responsibility, storage or transport conditions do not jeopardise its conformity with the general safety requirement laid down in Article 5 of the GPSR. ⇨ If you consider or have reason to believe, on the basis of the information in your possession, that a product is dangerous or not in conformity with the requirements in point 1 just above, you should not make the product available on the market unless the product has been brought into conformity. 3. Internal processes: you should have internal processes for product safety in place, that allow you to comply with your obligations under the GPSR (e.g., quality controls, complaint handling, knowledge of EU legislation via training of staff on product safety and the introduction of product safety learning paths). What should you do in case you offer a product via distance sales? If you decide to make products available on the market online or through other means of distance sales, the offer of those products (e.g., a product offer in your e-shop) must clearly and visibly indicate at least the following information: (a) Name, registered trade name or registered trademark of the manufacturer, as well as the postal and electronic address at which they can be contacted; (b) If the manufacturer is not established in the EU, the name, postal and electronic address of the responsible person within the meaning of Article 16(1) of this Regulation or Article 4(1) of Regulation (EU) 2019/1020; (c) Information allowing the identification of the product, including a picture of it, its type and any other product identifier; and (d) Any warning or safety information to be affixed to the product or to the packaging or included in an accompanying document in accordance with this Regulation or the applicable EU harmonisation legislation in a language which consumers can easily understand, as determined by the Member State in which the product is made available on the market. After making the product available on the market: You should fully cooperate with market surveillance authorities on product safety aspects as explained in point 3.4.5. If you consider or have reason to believe on the basis of the information in your possession, that a product you have made available on the market is dangerous or not in conformity with the requirements in point 1 above, you must immediately take the following steps: A) Inform the manufacturer or the importer, as applicable, of this. This transmission of information is key to addressing the safety or non-compliance issue quickly. B) Ensure that the corrective measures necessary to effectively bring the product into conformity are taken, including withdrawal or recall, if appropriate. If you initiate a recall, refer to point 3.4.1; and C) Ensure that the market surveillance authorities of the Member States in which the product has been made available on the market are immediately informed of this through the Safety Business Gateway. How should I inform market surveillance authorities? You have to use the Safety Business Gateway. This tool enables you to select all the Member States in which the dangerous product has been made available and to inform authorities immediately and simultaneously. What type of information do I have to communicate to authorities? For the purposes of points B) and C) you should give appropriate details available to you of: 1) the risk to the health and safety of consumers by describing in a clear and understandable way what can happen with the product; 2) any corrective measure already taken; and 3) if available, the quantity, by Member State, of products still circulating on the market. D) Keep the manufacturer informed of any accident caused by a product and ensure that the competent authorities are notified If you have knowledge of an accident caused by a product that you made available on the market, you should inform the manufacturer without undue delay. The manufacturer may instruct you to notify the competent authorities. If you have knowledge of an accident and the manufacturer of the product is not established in the EU, you should inform the responsible person of the product in the EU. This responsible person must ensure that this accident is notified to the competent authorities of the Member State where the accident has occurred. What constitutes an accident related to the safety of products? Accidents that must be notified concern occurrences associated with the use of a product that resulted in an individual’s death or in serious adverse effects on an individual’s health and safety. These effects can be permanent or temporary. They can include injuries, other damage to the body, illnesses and chronic health effects. Which tool do I have to use to notify the accident? You must use the Safety Business Gateway (see point 3.4.3). What type of information do I have to include in the notification? You must specify: — the type and identification number of the product; and — the circumstances of the accident, if known. Check list for the distributor Before making the product available on the market: ✓ Verify that the product identification details, the manufacturer’s and importer’s identification and contact details are correctly affixed to the product or its packaging and that the product is accompanied by instructions and safety information if needed. ✓ Verify that no labels obscure any other mandatory information. ✓ Ensure that storage or transport does not affect product safety or its labelling. ✓ Set up internal processes for product safety. ✓ Display the required product information in distance sales offers: — product identification details and its picture, — identification and contact details of the manufacturer, — identification and contact details of the responsible person for the product in the EU, — instructions and safety information if needed. ✓ If you have a registration scheme or a customer loyalty programme in place, you must offer the possibility for consumers to subscribe for safety-related purposes only. ✓ Don’t make a non-conform or dangerous product available on the market! In case of any non-compliance inform the manufacturer and authorities. After making the product available on the market: ✓ If a product you made available is dangerous or non-compliant: — Inform the manufacturer or the importer — Ensure the manufacturer or importer have taken necessary corrective measures (for recalls ensure that they used the template recall notice and provided remedies). — Ensure that national authorities are immediately informed via the Safety Business Gateway. If they have not been informed by the manufacturer or importer, do it. — Manufacturer and importer must inform consumers about dangerous products. Be cooperative and proactive in the information dissemination. ✓ Report product-related accidents you become aware of to the manufacturer and to the responsible person for the product in the EU. The manufacturer can instruct you to notify it to authorities via the Safety Business Gateway. ✓ Cooperate with market surveillance authorities when requested. For more details, refer to the section 3.1.4. on distributor’s obligations.

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Source: EUR-Lex (Cellar) · retrieved 2026-09-07