EU responsible person
| Occupation | |
|---|---|
Occupation type | Regulatory compliance |
Activity sectors | Consumer product safety |
| Description | |
| Competencies | Compliance, risk assessment, documentation |
Fields of employment | Product safety, regulatory affairs |
Related jobs | Importer, distributor, compliance officer |
An EU Responsible Person is an individual or entity designated to ensure that products comply with regulatory requirements before being placed on the market. The role is essential in the European Union (EU) and the United Kingdom (UK), where regulations such as the General Product Safety Regulation (GPSR) mandate that economic operators outside these regions appoint a Responsible Person to oversee compliance.[1] A responsible person is critical for regulatory compliance, ensuring that unsafe products do not enter the market and protecting consumers from potential hazards. Failure to appoint a Responsible Person can result in penalties, product recalls, and market restrictions.
Role and responsibilities
[edit]The Responsible Person serves as a liaison between economic operators and regulatory authorities, ensuring that products meet safety, technical, and documentation standards. Key responsibilities include:
- Ensuring compliance
- Verifying that products conform to applicable regulations, including risk assessments and conformity assessments.
- Maintaining technical documentation
- Keeping essential records such as safety reports, declarations of conformity, and test results for regulatory review.
- Acting as a contact point
- Responding to inquiries from market surveillance authorities.
- Managing product recalls
- Assisting in product recalls and safety incident investigations.
- Labeling and traceability
- Ensuring proper labeling, including the Responsible Person’s name and contact details.
Regulatory requirements
[edit]European Union
[edit]Under the General Product Safety Regulation (GPSR), non-EU economic operators must appoint a Responsible Person within the EU to place products on the market legally. The Responsible Person ensures compliance with CE marking requirements and other product safety laws.[2] The GPSR strengthens previous product safety directives by defining stricter requirements for businesses.[3]
United Kingdom
[edit]After Brexit, the UK introduced its own product safety regulations. Non-UK manufacturers must appoint a UK responsible person to ensure compliance with UKCA marking requirements, which replace the EU's CE marking.
Who can be a responsible person?
[edit]A Responsible Person can be:
- An importer or distributor located within the regulatory jurisdiction.
- A compliance service provider specializing in product safety regulations.
- A legal representative with expertise in regulatory affairs.
Liability
[edit]While the Responsible Person ensures compliance with applicable product safety legislation, primary liability for defective or unsafe products remains with the manufacturer. The EU Product Liability Directive (85/374/EEC), which remains in force alongside newer regulations, confirms that manufacturers are directly liable for damage caused by defective products placed on the EU market.[4]
The Responsible Person’s legal duties relate to regulatory compliance, documentation retention, and acting as a contact point for authorities, but they are not automatically liable for damage to consumers unless they fall within the scope of “producer” as defined under EU law (for example, if they present themselves as the manufacturer or fail to identify the manufacturer or importer when required).[5]
Where the manufacturer is established outside the EU and no importer is identifiable, liability may shift to other economic operators (including the Responsible Person) to ensure consumer protection and access to remedies under EU law.[6]
See also
[edit]References
[edit]- ^ "EU's General Product Safety Regulation (GPSR): A New Era for Consumer Protection". Access2Markets. Retrieved 16 February 2025.
- ^ "EU Product Safety and GPSR Overview". European Commission. Retrieved 16 February 2025.
- ^ "General Product Safety Regulation (2023) – EU Summary". EUR-Lex. Retrieved 16 February 2025.
- ^ "Liability for defective products". European Commission. Retrieved 20 July 2025.
- ^ "Manufacturers and CE marking". European Commission. Retrieved 20 July 2025.
- ^ "General Product Safety Regulation (GPSR) – Overview". European Commission. Retrieved 20 July 2025.