Market surveillance authority request: how to respond

What a market surveillance authority request is

Market surveillance authorities are national bodies that check products sold online and offline, risk-based, through documentary and, where appropriate, physical and lab checks (Article 11(1)(a) and (3) of Regulation (EU) 2019/1020 (opens in a new tab)). For consumer products under the General Product Safety Regulation (EU) 2023/988 (opens in a new tab) (GPSR), these powers apply through Article 23(1) GPSR. In the 2026 product safety sweep, authorities screened almost 1,700 marketplace offers and sent 560 orders to marketplaces over non-compliant listings (European Commission, 7 September 2026 (opens in a new tab)).

Who must answer: your EU operator, backed by you

The request usually goes to your economic operator in the EU, your Responsible Person, named on the product, its packaging, the parcel or an accompanying document (Article 4(4) of Regulation (EU) 2019/1020, Article 16(3) GPSR). It can come from an authority in any member state (Commission's Article 4 guidelines (opens in a new tab), section 5.1).

Your EU operator does not replace you: it must ensure that you provide the file and take any corrective action, for example by asking and checking (Article 4(3)(b) and (d); Article 4 guidelines, section 3; see who can be your GPSR Responsible Person). For CE-marked products, sector law and, for most, Article 4 of Regulation (EU) 2019/1020 set these duties instead (Article 2(1)(b) GPSR).

What the authority can ask for

Under Article 14(4) of Regulation (EU) 2019/1020 and the GPSR, authorities can ask for:

• Compliance documents: the Declaration of Conformity (DoC) for CE-marked products, the relevant part of the technical documentation, test reports and certificates, wherever stored, and access to embedded software where needed (Article 14(4)(a); Blue Guide 2022, section 3.1; see GPSR for software).
• Risk information: the risk, complaints, known accidents and corrective measures, available for 10 years (Article 15(2) and (4) GPSR).
• Supply chain: who supplied you the product, its parts or embedded software and whom you supplied, for six years (Article 15(3) and (5) GPSR), plus quantities on the market and models with the same technical characteristics (Article 14(4)(b)).
• Evidence of checks by your Responsible Person (Article 16(2) GPSR) and, once a product is found dangerous, information on products from the same batch or with the same components (Article 23(3) GPSR).

Authorities can also inspect without notice and buy samples under a cover identity (Article 14(4)(d) and (j)), so a request may follow an unnoticed test purchase.

Deadline and language: who sets them

EU law sets no general deadline for documents, though some CE sector laws, such as on toys, have more detailed time rules (Article 4 guidelines, footnote 30). The request itself may set a deadline, shorter for an immediate serious risk (Blue Guide 2022, section 3.1).

Documents must be in a language the authority can easily understand (Article 4(3)(b)). The language is negotiable, so English works if the authority accepts it; a requested translation covers only the relevant parts, with reasonable time and no accredited translator (Blue Guide 2022, sections 3.1 and 7.4.1.1). National rules can be stricter (GPSR language requirements).

Step by step: answering a market surveillance request

1. 1.Record the request: authority, product, legal basis, deadline, contact; confirm receipt and say early if a translation or test needs more time.
2. 2.Pin down the product: model, batch or serial number (Article 9(5) GPSR), markets and units.
3. 3.Clarify the scope: which documents for which products (Article 4 guidelines, section 5.1) and which suspected non-conformity; agree language and electronic transmission (Blue Guide 2022, section 3.1).
4. 4.Collect the answer with the manufacturer: DoC, file extract, complaints, traceability records and accredited test reports, which authorities must take due account of (Article 11(5)).
5. 5.Answer through your EU operator: a cover letter answering each question, an index linking each document to it and a record of what was sent.
6. 6.Follow up: use the hearing under Article 18(3), propose corrective action, inform your supply chain (Article 9(10) GPSR), report progress when asked (Article 15(6) GPSR) and notify a dangerous product through the Safety Business Gateway, the EU notification portal (Article 9(8) GPSR).

What happens if nobody answers

Not presenting documentation within an acceptable time is itself a non-compliance and can justify doubts about conformity (Blue Guide 2022, section 7.4.1.1). Authorities can then:

• Order corrective action within a period they set (Article 16(2) and (3) of Regulation (EU) 2019/1020).
• Withdraw, recall or ban the product and inform the public and other member states (Article 16(5)); for a serious risk, without waiting for you (Article 19; Blue Guide 2022, section 7.4.2.1).
• Have listings removed: marketplaces must act on an order against an offer of a dangerous product within two working days (Article 22(4) GPSR).
• Impose fines under national law: in Germany, for GPSR products, up to 10,000 euros each for not providing the file, the representative's documents or mandate, risk and supply chain information or evidence of checks (§ 28(2) Nos. 3, 13, 14, 22 and 24, (3) ProdSG (opens in a new tab)); see GPSR penalties.

Evidence can be reused in other member states (Article 11(6)). If a manufacturer stays silent, the Commission suggests its representative send a reminder and, failing that, end the relationship (Article 4 guidelines, section 3).

Example: a U.S. maker of garden chairs

A typical pattern, simplified: a U.S. brand sells aluminum garden chairs, GPSR products without CE marking, to consumers in several member states. Its EU Authorized Representative is named on the packaging as Responsible Person.

Batch numbers (Article 9(5) GPSR) limited the recall to one batch; if the affected part cannot be reliably identified, corrective action should cover all products (Blue Guide 2022, section 7.4.2.1).

Common mistakes when an authority asks

• Not answering, or answering late. That alone is a non-compliance (Blue Guide 2022, section 7.4.1.1).
• No copy of the mandate at hand. Authorities can ask your representative for it (Article 5(2) of Regulation (EU) 2019/1020, Article 10(2) GPSR).
• Expecting the representative to fix the product. An Authorized Representative cannot modify the product on its own initiative (Blue Guide 2022, section 3.2).
• Treating the hearing as extra time. The 10 working days under Article 18(3) come before a measure, not on top of the deadline for documents.

Conclusion: settle who answers before the request arrives

A market surveillance authority request is manageable when it reaches someone in the EU who knows your products and gets your documents in time. Agree in the mandate who receives requests, how fast you deliver and in which language; the Commission expects a representative to have the capacity and, ideally, the languages for this (GPSR guidelines, section 3.1.2).

As your EU Authorized Representative, Representa handles authority inquiries and inspections within the agreed scope and mandate; see Market surveillance, EU Authorized Representative and, for consumer products, GPSR Responsible Person. The manufacturer stays the manufacturer.

Frequently asked questions