(3) ARTICLE ABOUT THE #GPSR

II - OBLIGATIONS OF THE VARIOUS ECONOMIC OPERATORS

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??????????? II. 1.???? Manufacturers

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7.???????? The manufacturer is defined in article 3 (8) of the GPSR as “any natural or legal person who manufactures a product or has a product designed or manufactured, and markets that product under that person’s name or trademark”.

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8.???????? To ensure compliance with the general safety obligation laid down in Article 5 of the GPSR, article 9 of this text lists the different obligations imposed on manufacturers.?

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??????????? 8.1.????? One of the most significant obligations is for manufacturers to produce “an internal risk analysis and draw up technical documentation containing at least a general description of the product and its essential characteristics relevant for assessing its safety”, in accordance with paragraph 2 of the aforementioned article.?

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This documentation must be up to date and kept “at the disposal of the market surveillance authorities for a period of 10 years after the product has been placed on the market”, as specified in paragraph 3 of article 9 of the Regulation.

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??????????? 8.2.????? Manufacturers are also obliged to ensure that the products they sell in the EU market comply with labelling requirements.

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??????????????????????? 8.2.1.?? As mentioned in point 5 above, labelling is one of the elements used to assess product safety; it must therefore provide a range of information.

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??????????????????????? 8.2.2. ? Article 9, paragraph 5, of the GPSR stipulates that “manufacturers shall ensure that their products bear a type, batch or serial number or other element enabling the

identification of the product and 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”.

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??????????????????????? 8.2.3. Paragraph 6 of the aforementioned article goes on to state that “manufacturers shall indicate their name, their registered trade name or registered trade mark, their postal and electronic address and, where different, the postal or electronic address of the single contact point at which they can be contacted. That information shall be placed on the product or, where that is not possible, on its packaging or in a document accompanying the product”.

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??????????????????????? 8.2.4. The next paragraph of the same article indicates that “manufacturers shall ensure that their product is accompanied by clear instructions and safety information in a language which can be easily understood by consumers, as determined by the Member State in which the product is made available on the market”.

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These provisions, with which all manufacturers are required to comply, are aimed at ensuring:

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??????????? - product identification,

??????????? - identification of the person responsible for the products,

??????????? - availability of safety instructions and their comprehension by product consumers.

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??????????? 8.3.????? If a manufacturer considers that one of the products he has placed on the market is dangerous, in other words that it is not ??safe?? because it does not meet the requirements set out in the aforementioned definition in article 3 (2) of the Regulation, he is obliged to follow the procedure described in article 9, paragraph 8, of the GPSR.

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This procedure involves taking “the corrective measures necessary to bring in an effective manner the product into conformity” and informing consumers, as well as market surveillance authorities, of the risks incurred by making the dangerous product available on this market.?

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??????????? 8.4.????? Paragraphs 11 and 12 of article 9 of the GPSR oblige manufacturers to provide the public with “communication channels” to enable consumers to “submit complaints”, which manufacturers must keep in “an internal register”. ?