Can a Responsible Person refuse to represent a product they consider unsafe?

A GPSR responsible person can refuse to represent, or stop representing, a product they consider unsafe because the role is that of an EU-based economic operator with defined legal duties, not an obligation to endorse every product. If the responsible person cannot meet those duties, or believes a serious risk exists, continuing to act can increase legal exposure and trigger cooperation and corrective-action duties. The practical ability to refuse depends on the written agreement and on the fact that a valid responsible person is needed to continue placing products on the EU market.

Can a GPSR Responsible Person refuse to represent a product they consider unsafe?

Yes. Under the General Product Safety Regulation (EU) 2023/988 (GPSR), a responsible person is a designated economic operator in the EU with specific documentation, verification, and cooperation duties. If the responsible person cannot perform those duties, or has reason to believe the product presents a risk, they can refuse to accept the mandate or can suspend or terminate it, subject to the contract terms.

In practice, refusing matters because many non-EU sellers need a responsible person to lawfully place products on the EU market. Also, if a responsible person continues acting while aware of a serious risk, they may face increased scrutiny and must support corrective actions and cooperate with market surveillance authorities. The responsible person role is not a marketing function; it is a compliance function tied to demonstrable product safety information.

What should a Responsible Person do if they suspect a product is unsafe?

A responsible person should treat a safety concern as a compliance escalation, not a debate. The goal is to verify whether the product meets the general safety requirement and whether the required safety documentation and product information are complete and consistent. If the concern cannot be resolved, the responsible person should consider suspending or ending representation to avoid being linked to ongoing non-compliance.

1. Request and review the technical documentation and safety information (risk analysis, test evidence where appropriate, product description, variants, and applied standards, if used).
2. Check whether any EU harmonisation legislation applies in addition to the GPSR (for example, sector rules that require CE marking) and whether the documentation matches that framework.
3. Verify product information basics: product identifier, manufacturer contact details, responsible person contact details, and clear warnings and instructions in the relevant EU languages.
4. Document the concern in writing, including what evidence is missing or what hazard is suspected, and what would close the gap.
5. Require corrective actions, such as additional testing, an updated risk assessment, improved warnings and instructions, packaging or label fixes, and traceability improvements.
6. Escalate to the manufacturer and set a clear decision point: proceed only when the safety case is credible and complete.
7. If the risk appears serious or unresolved, consider suspension or termination of representation, and be ready to provide documentation to authorities upon request.

Under the Market Surveillance Regulation (EU) 2019/1020 (MSR), when the responsible person has reason to believe a product presents a risk, they must notify the manufacturer (Article 4). Rapid corrective actions, including withdrawal or recall, are typically led by the manufacturer and coordinated with authorities where required.

What happens to EU sales if the Responsible Person resigns or refuses?

When a responsible person resigns or refuses, products that require a responsible person generally cannot be newly placed on the EU market until a replacement is designated and the required contact details are correctly shown. Online marketplaces may delist or block listings, and customs or market surveillance authorities may intervene if the required economic operator information is missing or inconsistent.

Plan the transition to avoid disruption:

• Appoint a replacement responsible person before the resignation takes effect, where possible.
• Update product labels, packaging, and accompanying documents with the new responsible person details, and update distance sales listings where required.
• Ensure the technical documentation is available to the new responsible person, and clarify retention and handover responsibilities in writing.

How EARP helps with GPSR Responsible Person decisions for potentially unsafe products

We help you make defensible GPSR responsible person decisions when product safety is uncertain, and we support continuity when representation needs to pause or change. Our work focuses on practical compliance steps that stand up to authority questions and marketplace checks.

• Structured document checks and completeness verification for GPSR technical documentation and product information
• Gap assessments to identify missing risk analysis elements, warnings, instructions, identifiers, and traceability data
• Clear escalation workflows to the manufacturer when a product may present a risk, aligned with MSR Article 4 notification to the manufacturer
• Processes to respond to market surveillance authority requests, including making documentation available in an authority-usable format
• Onboarding and transition support when you need to replace a responsible person and update labels and listings

Review our GPSR Responsible Person services or contact us to discuss your product and documentation status.

Related Articles

• Do I need to update all my packaging and marketplace listings when I change my Responsible Person?
• What is the Safety Business Gateway and how do I create an account?
• Can my EU importer also serve as my Responsible Person?
• Is a warning pictogram required under the GPSR or is text alone sufficient?
• Do I need a European Authorized Representative to sell in Europe?