Responsible Person for EU Compliance

This FAQ was created for informational purposes only, and does not, nor is intended to, constitute or be construed as legal advice on any subject matter. Should you require assistance or have any questions concerning these regulations, your independent obligations/duties, or related to the subject matter or information in this FAQ, please seek independent legal advice.

Since July 16, 2021, the European Union (EU) regulation on product safety (the Market Surveillance Regulation (EU) 2019/1020) has been in effect. This regulation requires CE-marked products to have a person or company present in the European Union acting as the point of contact for product compliance (a “Responsible Person”). These products must be labelled with the contact information of the Responsible Person. This labelling can be attached to the product, its packaging, the parcel, or an accompanying document.

The EU has introduced a new regulation called the General Product Safety Regulation (GPSR), which is applicable in December 2024. This will introduce Responsible Person requirements for most products sold in the EU.

Starting in 2024, the Responsible Person information that we collect will be displayed on the corresponding product detail pages. This is a mandatory requirement for all products being sold in the EU (as well as Norway, Switzerland and Northern Ireland) from 13 December 2024.

To ensure compliance with these regulations, Fruugo requires retailers selling applicable EU market-bound products to provide the contact details of their appointed Responsible Person(s) to Fruugo. If an appointed Responsible Person changes, Retailers are also required to notify Fruugo. (For instructions on both, see our designated Wiki Page HERE) 

If your products do not have a Responsible Person, we recommend talking to your upstream suppliers to appoint a Responsible Person as soon as possible. Providing false Responsible Person information is a material breach of our Retailer Terms and Conditions and constitutes failure to comply with local laws and regulations. Fruugo will suspend or terminate your account if false compliance information is provided.

FAQ’s

1. Who can be the Responsible Person?

The Responsible Person can be one of the following and must be located in the EU or NI:

●      The manufacturer;

●      An importer-of-record or corporate subsidiary;

●      An authorised representative of the manufacturer;

●      A  fulfilment service provider if the manufacturer, importer, and authorised representative aren’t based in the EU or NI.

2. What does the Responsible Person need to do?

The EU or NI-based Responsible Person is in charge of specific tasks related to compliance and product safety, including:

• Checking that the EU declaration of conformity, CE marking, and other technical documentations are in order, and providing them to the market surveillance authorities to demonstrate the conformity of the product

• Informing the market surveillance authorities about dangerous products and accidents through the EU Safety Business Gateway

• Cooperating with the market surveillance authorities and ensuring the necessary actions are taken to rectify any non-compliance issues

• Providing documented evidence of the checks that were performed, if requested by the authorities

3. If the manufacturer isn’t in the EU or NI, how can I identify the Responsible Person?

Retailers should first contact the manufacturer or upstream supplier to obtain the name and contact details of the EU or NI-based Responsible Person.

If there is no Responsible Person designated by the manufacturer, an EU Authorised Representative can be appointed as the Responsible Person.  An EU Authorised Representative is any natural or legal entity that is established in the EU market who is appointed (in writing, with responsibilities written out) as the Responsible Person by the manufacturer.

You should be aware that if you are not the brand owner, importer, or physical product manufacturer of your applicable EU market-bound products, you may require written authorisation from the manufacturer before proceeding with appointing an EU Authorised Representative.

4. Does the Market Surveillance Regulation or General Product Safety Regulation apply in the United Kingdom (UK)?

The Market Surveillance Regulation and GPSR does not apply in Great Britain (England, Scotland, and Wales). It applies in Northern Ireland, under the Northern Ireland Protocol. Therefore, you are required to have a Responsible Person for sales in Northern Ireland, as you are for sales in the EU. If you are a brand owner based in Northern Ireland, you may want to act as your own Responsible Person, or you could appoint another entity based in Northern Ireland or the EU, as your Responsible Person.

5. What if I do not want to continue selling products in the EU?

If you do not want to continue selling products in the UK or EU, you can revise your shipping destinations.

6. What if a retailer does not provide an EU market-based Responsible Person for applicable products?

Applicable retailers who fail to provide an EU market-based Responsible Person to Fruugo are subject to penalties outlined in the House Rules and Retailer Terms and Conditions, including account suspension, removal and/or applicable products being blocked in the EU market.

Additionally, retailers may be subject to action imposed by the EU and Northern Ireland regulatory authorities if they do not have an EU Market-based Responsible Persons for applicable EU-bound products.