Importer’s Obligations under Regulation (EU) 2023/988 (GPSR): A Practical Guide
Understanding the GPSR importer’s obligations is a critical, non-delegable role under the General Product Safety Regulation (EU) 2023/988.
Ensuring the safety and conformity of products before they are placed on the EU market requires proactive verification of the manufacturer’s documentation and traceability. Ignoring these obligations exposes the company to severe operational risks, such as customs blocks, penalties, and product recalls, with direct consequences for business continuity and corporate reputation.
GPSR penalties from 16 May 2026
Italian Legislative Decree No. 78 of 8 April 2026 replaced Article 112 of the Italian Consumer Code, introducing the national penalty framework connected to Regulation (EU) 2023/988.
This update is relevant for manufacturers, importers and distributors, because the Italian framework concerns not only placing products on the market, but also making dangerous products available on the market.
Read the guide on GPSR penalties in ItalyThe Strategic Role of the Importer
The GPSR, fully applicable from December 13, 2024, is not just a regulatory update but a strategic turning point that can impact the operational continuity of companies importing into the Union. This regulation radically redefines the duties of the economic operators, transforming the importer into a key figure in the surveillance system.
For an importer, compliance with the GPSR is a business imperative. Failure to adapt is not a remote possibility but a concrete threat that translates into operational and financial risks: goods blocked at customs, supply chain disruption, penalties, and reputational damage that is difficult to recover from.
Compliance is not just a defensive measure but an opportunity to position oneself as a reliable and qualified partner, a real competitive advantage in an increasingly demanding market.
Who is an Importer According to the GPSR?
Correctly identifying your role in the supply chain is the first crucial step, as the Regulation assigns specific and non-delegable responsibilities to each operator. A misjudgment translates into a serious compliance gap and direct exposure to operational risks.
According to Article 3 of the GPSR, an importer is defined as:
any natural or legal person established within the Union who places a product from a third country on the Union market.
In other words, if a company is based in the EU and introduces a product from a non-EU country (like China, the UK, or the US) for the first time to sell it on the European market, that company is the importer. This applies regardless of the sales channel (traditional distribution or e-commerce) and to all products intended for consumers in the EU.
This definition is not a mere formality: it triggers a series of non-delegable obligations, the most critical of which is the preliminary verification of product safety.
The GPSR and the Importer’s Obligations: The Main Responsibility
Regulation (EU) 2023/988 (Art. 11) transforms the importer into the first line of defense for safety, with a non-delegable responsibility: proactive verification.
Ignoring this step is not just a regulatory violation but also exposes the business to an immediate block of goods and unforeseen operational costs. The importer is no longer a simple logistics intermediary but a compliance “checkpoint” acting on behalf of the European market.
Before placing a product on the market, who imports must demand and verify that the manufacturer has fulfilled their obligations (Art. 9), performing the following checks:
- Control of technical documentation: The importer must ensure that the manufacturer has drawn up the technical documentation (Art. 9, par. 2). This file must contain at least a general description of the product and, above all, an analysis of possible risks and the solutions adopted to eliminate or mitigate them.
- Verification of traceability information: It is mandatory to check that the product is marked with a type, batch, or serial number or another element allowing for its unique identification (traceability) (Art. 9, par. 5).
- Control of manufacturer’s data: It is essential to ensure that the manufacturer’s name, trade name, and contact addresses (postal and electronic) are clearly indicated on the product, its packaging, or in an accompanying document (Art. 9, par. 6).
In addition to these checks, the Regulation imposes a direct responsibility: the importer must indicate their own name, trade name, postal address, and electronic address on the product (or, if that is not possible, on its packaging or in an accompanying document).
These verifications are not mere bureaucratic formalities; they are the key to overcoming the first and most concrete operational hurdle: customs control.
The Most Concrete Risk: What Happens if Customs Blocks the Goods?
The most immediate and paralyzing risk to an importer’s business continuity is having goods blocked at customs. Under the GPSR, customs authorities, such as the Customs and Monopolies Agency (ADM) in Italy, have enhanced powers to stop non-compliant products from entering the EU market.
As specified in the Customs Agency’s circular no. 16/2025 on GPSR controls, the authority conducts targeted checks based on risk analysis and reports from the Safety Gate system. If a product is suspected of being non-compliant, the authorities initiate the “suspension of release” procedure, and the goods are held pending evaluation by the market surveillance authority. The impact on business can be significant:
- Total supply chain blockage: Containers held for weeks, dissatisfied customers, and accumulating contractual penalties. This is a direct result of non-compliance.
- Cost escalation: Unforeseen expenses for storage, counter-analysis, and administrative management add up.
- Refusal of release for free circulation: If non-compliance is confirmed, the goods may be rejected and, in more serious cases, destroyed at the importer’s expense.
- Reputational damage: A report in the AIDA Falstaff-Rapex system (which integrates national customs alerts with the European rapid alert network Safety Gate, formerly RAPEX) labels the company as a high-risk operator, increasing the likelihood of future inspections and undermining business credibility.
Passing customs is only the first step. The true test of responsibility arises when a product already in circulation proves to be dangerous, triggering a response protocol that is no longer optional but mandatory.
What to Do if a Product Turns Out to Be Dangerous?
The GPSR (Art. 11) imposes a strict and non-negotiable response protocol: if an importer believes or has reason to believe that an imported product is dangerous, they must take structured and mandatory actions. Inaction is not an option and carries serious legal and operational consequences.
The entity introducing goods into the EU market must scrupulously follow these steps:
- Do not place the product on the market: If the danger is identified before the sale, it is strictly forbidden to introduce the product to the market. It must be withheld until it is brought into conformity.
- Inform the manufacturer and the authorities: If a product is considered dangerous, the importer must immediately inform the manufacturer and, at the same time, the competent market surveillance authorities. This communication is mandatory and must be done through the European Safety Business Gateway portal.
- Take corrective measures: For products already on the market, the importer must ensure that the necessary corrective actions are taken. Depending on the risk, these include a withdrawal (any measure aimed at preventing the distribution of a product in the supply chain) or a recall (any measure aimed at achieving the return of a product that has already been supplied to the consumer).
- Inform consumers: In the event of a recall, it is crucial to ensure that consumers are informed directly, clearly, and effectively about the risk and how to obtain a remedy.
These GPSR importer’s obligations consolidate the importer’s role as a central figure, who in most cases de facto assumes the function of the “responsible person” for non-EU products.
The Importer as the “Responsible Person” in the European Union
One of the most impactful concepts of the Regulation (Art. 16) is that of the “responsible person,” which refers to Art. 4 of Regulation (EU) 2019/1020 (“Market Surveillance”). The objective is unequivocal: to always ensure the presence of a legal entity in the EU against whom authorities can take action for the safety and conformity of a product.
When the manufacturer is based outside the EU, the importer automatically becomes the responsible person. This responsibility is triggered by the simple fact of being the first operator to place that product on the Union market, unless the manufacturer has formally appointed, with a written mandate, an “authorized representative” established in the EU. Assuming this role means becoming the legal point of reference for the authorities.
The general principle is that, for every product, there must always be someone established within the Union who can demonstrate to the authorities that the product is safe and compliant.
The tasks of the responsible person are strategic and include:
- Acting as the official point of contact for market surveillance authorities.
- Verifying that the product’s technical documentation has been drawn up and keeping it available for inspections.
- Providing, upon a reasoned request, all necessary documentation to demonstrate the conformity of the product.
- Actively cooperating with the authorities to eliminate or mitigate risks, informing them if it is believed that a product presents a risk.
Frequently Asked Questions (FAQ)
1. I am a small importer and only sell online. Do these obligations apply to me?
Yes, without exception. As clarified in Article 4 of the GPSR, the regulation applies to all products sold to consumers in the EU, regardless of the company’s size or sales channel (online or offline). Product safety is a non-negotiable requirement for anyone operating in the single market.
2. Who is the “responsible person” and how do I know if it’s me?
If the product manufacturer is based outside the European Union, the importer established in the EU automatically becomes the responsible person. The only exception is if the manufacturer has formally appointed an ‘authorized representative’ with a written mandate. In short, if you are the one placing the non-EU product on the market for the first time, you are the person responsible before the law.
3. I import products from China. What should I specifically ask my supplier to comply with the GPSR?
You must demand and verify the existence of the technical documentation, which must include a risk analysis. Ensure that the product bears traceability markings (e.g., batch number) and that the manufacturer’s complete contact details are present on the product or its packaging. Finally, ask for confirmation that this documentation can be provided to European authorities in a language they can understand.
4. Do I need to create a “GPSR declaration of conformity” for my products?
No. Unlike some harmonized legislation (such as those requiring the CE marking), the GPSR does not require a formal ‘Declaration of Conformity’. The key document is the technical documentation prepared by the manufacturer, which you, as importers, have the obligation to verify and keep available for the authorities.
5. What happens in practice if customs stops my goods for a GPSR check?
As indicated in the Customs Agency’s circular, the customs office will ‘suspend the release’ of the goods and notify the Market Surveillance Authority. This process causes an immediate disruption of the supply chain, with delivery delays and additional costs (storage, handling) while awaiting the authority’s assessment, which will decide whether to release, reject, or even destroy the goods.
Import Safely!
Don’t let the GPSR become an obstacle.
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