Solution

On July 22, 2024, Alibaba released the "Compliance Requirements on Adding EU Responsible Person on Alibaba.com", which is based on the General Product Safety Regulation (GPSR).

It requires that the vast majority of non-food consumer products must have an EU Responsible Person, and online e-commerce platforms are obliged to display the information about EU Responsible Person.

Together, since the EU Market Surveillance Regulation (MSR) which is already in force requires that some of the CE-marked products being sold in the EU must have an EU Responsible Person. According to both GPSR and MSR, not having a Responsible Person in the EU can lead to legal liabilities such as regulatory penalties, product bans, and recalls. Therefore, sellers must comply with the requirements on EU Responsible Person in order to sell products to the EU market.

If a product does not have an EU Responsible Person, the platform will block it from displaying to the EU market and intercept EU-bound orders as required by regulations no later than December 13, 2024. 

1、 Who can become the EU Responsible person?

1) Manufacturers (including brand owners) established in the EU;

2) Importers if the manufacturer is not established in the EU;

3) Authorised representatives established in the EU who are mandated by the manufacturer to fulfil its obligations on its behalf;

4) Fulfilment service providers established in the EU if none of the above entities is established in the EU.

*Note: Distributors are not EU responsible persons under the GPSR.

2、 EU responsible persons are required to

1) Collect the EU declaration of conformity (or declaration of performance) for the products, and ensure that the manufacturer or brand owner can provide technical and other documentations in a language which can be easily understood by regulatory agencies as required to demonstrate that the products comply with EU's legal requirements.

2) Inform appropriate regulatory agencies of any risks that may arise from the products.

3) Cooperate with market oversight agencies to ensure that the manufacturer or brand owner takes the necessary actions to correct non-compliance issues of the products.

3) Inspect technical documentation, product and manufacturer information, product description, and safety information for compliance regularly.

4) Provide evidence or records of inspections performed, as required by an appropriate agency.

6) Indicate the product responsible person's contact information, including their postal and electronic address. That information shall be placed on the product or, where that is not possible, on its packaging or in a document accompanying the product.

3、 Alibaba’s Compliance Measures

1) Alibaba.com will take compliance measures based on regulatory requirements and CE categories and check the EU Responsible Person information of relevant products. Sellers must comply with the control rules and cooperate with the compliance actions of the platform;

2) To ensure that the products can be sold on the EU market normally, sellers must add EU Responsible Person and associate them with products in time. The platform will review the details supplied.

3) Sellers that submit false EU Responsible Person information or use others' EU Responsible Person information will be penalized in accordance with Penalties for Document Fraud.

4、 FAQ

1) What are the requirements for EU Responsible Person?

The EU Responsible Person must be a manufacturer, authorized representative, importer, or fulfillment service provider established in the EU. For the specific scope and explanation of EU Responsible Person, refer to the Compliance Notice on the EU's General Product Safety Regulation.

2) Can I associate an EU Responsible Person with more than one product?

Yes. You must appoint an EU Responsible Person for each product that is sold to the EU market and falls within the scope of GPSR control. You can associate an EU Responsible Person with multiple products or associate multiple EU Responsible Person with one product as needed. On the EU Responsible Person Management page in My Alibaba, you can associate multiple products with the EU Responsible Person you have added. Make sure all information for the association is true and accurate.

3) What are the specified CE categories under the MSR?

According to MSR Article 4(5) which is already in full effect, the product categories briefly cover: construction products, personal protective equipment, appliances burning gaseous fuels, noise emission in the environment by equipment for use outdoors, machinery, toys, energy-related products, electrical and electronic equipment, pyrotechnic articles, recreational craft and personal watercraft, simple pressure vessels, products requiring electromagnetic compatibility, non-automatic weighing instruments, measuring instruments, equipment and protective systems intended for use in potentially explosive atmospheres, electrical equipment, radio equipment, and pressure equipment.

For the full list of CE categories, visit the official website of the European Commission and check the description of CE-marked product groups.

（https://single-market-economy.ec.europa.eu/single-market/ce-marking/manufacturers_en）

Sellers are reminded that they will also have to comply with the GPSR which extends to many other product types before December 13, 2024. For more information about the GPSR, refer to the Compliance Notice on the EU's General Product Safety Regulation.

4) How to proceed if I have not yet found a suitable responsible person?

If you are a seller and have not appointed an EU Responsible Person, you can consult with AGC in relation to EU authorised representatives.