EU Market Surveillance Request or Inspection Under GPSR: What Happens and How to Respond

Who inspects, and on what legal basis

The GPSR does not create its own inspection procedure. Article 23(1) applies Articles 10, 11(1)–(7), 12–15, 16(1)–(5), 18, 19 and 21–24 of Regulation (EU) 2019/1020 (the Market Surveillance Regulation) to products covered by the GPSR. Ordinary consumer goods and CE products now largely share one enforcement rulebook.

• Who: each member state designates one or more market surveillance authorities and informs the Commission (2019/1020 Article 10(2)). The competent authority can differ by country and product sector. The Commission publishes lists of national authorities by country and by sector, and the Safety Gate portal's Contacts page lists national contact points for dangerous non-food products (links in the sources). Use these official lists to check that a letter is genuine.
• How products are picked: checks are risk-based, taking into account possible hazards, the operator's past record of non-compliance, consumer complaints and information from other authorities (2019/1020 Article 11(3)). They include document checks and, where appropriate, physical and laboratory checks.
• At the border: Articles 25–28 of 2019/1020 apply to products covered by Union law (Article 2(2)). Customs or other designated authorities suspend release if required documents are missing, labelling is non-compliant, CE marking is misleading or the Article 4(4) operator contact details are missing (Article 26(1)), and refuse release for serious-risk products (Article 28).
• Coordinated action: GPSR Article 31 provides for joint activities between member states and Article 32 for simultaneous coordinated checks ("sweeps").

What powers authorities have

Article 14(4) of 2019/1020, applied to GPSR products by Article 23, lists the minimum powers member states must give their authorities:

Also worth knowing: evidence used in one member state can be used in another without further formalities (2019/1020 Article 11(6)); a product found dangerous by one member state's authority is presumed dangerous by the others (GPSR Article 29(1)); and once a dangerous product is identified, authorities may ask the manufacturer about other products made with the same process, components or batch that are affected by the same risk (GPSR Article 23(3)).

Documents to prepare and provide

Operators must cooperate with authorities on eliminating or reducing risks and provide all necessary information on request (GPSR Article 15(1)–(2)). Commonly requested items:

Language: an authorised representative must provide the information in an official language the authority understands (GPSR Article 10(2)(a)), and 2019/1020 Article 4(3)(b) likewise requires a language easily understood by the authority. Chinese-only reports are rarely enough; have at least English versions ready and ask whether they are accepted.

Test reports: authorities must take due account of reports or certificates from conformity assessment bodies accredited under Regulation (EC) No 765/2008 (2019/1020 Article 11(5)), but that does not oblige them to accept your conclusions. Reports must match the model and batch on sale; see GPSR test reports and standards.

Never fabricate or alter reports or dates. If files are incomplete, say so and propose a testing plan.

Timelines and your procedural rights

Neither the GPSR nor 2019/1020 sets one fixed number of days for replying to a request. The time-related rules are:

• The authority sets the deadline: where a product may endanger health or safety or is non-compliant, the authority must require corrective action within a period it specifies (2019/1020 Article 16(2)). Go by the date in the letter and confirm in writing if it is unclear.
• Right to be heard: before a measure, decision or order, the operator must be given the opportunity to be heard within a period of not less than 10 working days, unless urgency on health or safety grounds prevents it; in that case the hearing must follow as soon as possible and the measure must be reviewed promptly (Article 18(3)).
• Reasons and remedies: any measure must state its exact grounds and tell you which remedies are available under national law and their time limits (Article 18(1)–(2)).
• Types of corrective action: bringing the product into compliance, stopping sales, withdrawal or recall with public warning, destruction, adding warnings, setting conditions for sale, alerting end users at risk (Article 16(3)). Lighter options such as adding warnings are only possible where the risk arises only in certain conditions or for certain users (Article 16(4)).
• Progress reports: authorities may ask for regular progress reports and decide when a corrective measure is complete (GPSR Article 15(6)).
• Safety Gate: measures against serious-risk products must be notified through the Safety Gate Rapid Alert System within four working days (GPSR Article 26(4)).
• Marketplaces: must act on an authority order within two working days (GPSR Article 22(4)).
• Costs: member states may allow authorities to recover the full cost of their activities, including testing and storage, from non-compliant operators (2019/1020 Article 15).

Step-by-step response

1. Verify the letter. Check the authority's name and contact details against the Commission's lists or the Safety Gate contacts page. Do not call numbers from a suspicious email or pay into unknown accounts.
2. Log the essentials: case reference, product, model and batch, the questions asked, the deadline and the requested language.
3. Inform the people involved: your EU rep, EU importer or distributors, and the marketplace if relevant. Decide who replies.
4. Contain the risk first. If safety is in question, pause sales and shipments of the affected batch and keep evidence and samples. Do not wait for the final outcome.
5. Assemble the file as in the table above, with a one-page summary of model, batch, applicable law and standards and report numbers, translated into a language the authority understands.
6. Answer precisely and truthfully. Address each point; do not overstate; do not send reports for a different product. If you disagree, use the hearing period to submit written comments and evidence such as additional tests.
7. If the product is dangerous, take corrective action immediately, inform consumers and notify every member state of sale through the Safety Business Gateway (GPSR Article 9(8)). See accidents, recalls and Safety Gate.
8. Follow through: send progress reports if asked, update the technical file, labels and manual after the fix, and log everything in your register of complaints and corrective measures (Article 9(12)).

Where penalties or a serious dispute are involved, consult a lawyer qualified in the member state concerned.

The EU responsible person's role

For non-EU manufacturers, the easiest party for an authority to reach is the EU responsible person named on the label and listing. Under GPSR Article 16(1) and 2019/1020 Article 4(3), that person must:

• verify that the technical documentation exists and make sure it can be provided on request (and keep the declaration of conformity for CE products);
• on a reasoned request, give the authority all information and documents needed to show compliance, in a language it easily understands;
• inform the authority when it has reason to believe a product presents a risk;
• cooperate with the authority and make sure immediate corrective action is taken.

GPSR Article 16(2) adds regular checks that the product matches the technical documentation and that labelling and instructions meet Article 9(5)–(7), with documented evidence on request. In practice your EU rep can only answer on time if you have already given them the files. Put response times, file delivery and cost sharing in the mandate; see the authorised representative mandate checklist and who is the EU responsible person.