GPSR accidents, dangerous products and recalls

Accidents

The manufacturer must notify, through the Safety Business Gateway and without undue delay, accidents caused by its product that resulted in a person's death or serious adverse effects on their health and safety, permanent or temporary (Article 20(1) and (2)). The notification goes to the authority of the country where the accident happened.

Importers and distributors that learn of an accident tell the manufacturer, who notifies or instructs one of them to. If the manufacturer is outside the EU, the responsible person makes sure the notification is made (Article 20(3) and (4)).

A product turns out to be dangerous

The manufacturer must immediately take corrective measures (including withdrawal or recall where needed), inform consumers, and inform the authorities of the countries where it was sold through the Safety Business Gateway (Article 9(8)). Importers and distributors have matching duties (Articles 11(8) and 12(4)).

Telling consumers

Consumers who can be identified, for example from sales records, must be notified directly (Article 35). A written recall notice must include (Article 36):

• the headline "Product safety recall";
• a picture, name and brand of the product and its identification numbers;
• a clear description of the hazard, without words that play it down, such as "voluntary" or "precautionary";
• an instruction to stop using the product, and the remedies on offer;
• a free phone number or online service for questions.

Remedies

The consumer must get an effective, free and timely remedy, normally a choice of at least two of: repair, replacement with a safe product of the same type and at least the same value, or a refund of at least the price paid (Article 37).

Your role decides which of these duties are yours. The GPSR check lists them.