Product safety on the EU market

In accordance with the Act of 12 December 2003 on general product safety, which implements the provisions of Directive 2001/95/EC of the European Parliament and of the Council of 3 December 2001 on general product safety, consumer protection is ensured through more effective control of products introduced marketing and by precisely defining obligations for producers, importers and distributors.

Are products supplied to consumers on the European Union market safe?

Pursuant to the Act, a manufacturer is an entrepreneur who conducts business in the territory of the European Economic Area (EEA) consisting in the production of a product or any other person who acts as a manufacturer by placing his name, name, trademark or other distinctive mark on the product or attaching it to it. marking, as well as the person who repairs or regenerates the product. If the manufacturer does not operate within the EEA, the manufacturer’s representative is also the manufacturer, and if the manufacturer has not appointed a representative, the importer of the product.

As indicated in the Act, an entrepreneur participating in any stage of the process of supplying or making a product available is also responsible if his or her actions may affect the product’s properties related to its safety.

A distributor is a person who participates in any stage of the process of providing or making a product available, and his activities do not affect the safety-related properties of the product.

The above-mentioned entities are responsible for monitoring the safety of products introduced to the market and are obliged to cooperate with supervisory authorities and the Trade Inspection.

For failure to fulfill obligations, the supervisory authority may impose on the manufacturer or distributor a fine of up to PLN 100,000, which is subject to enforcement under the provisions on enforcement proceedings in administration.

The supervisory authority is the President of the Office of Competition and Consumer Protection, which runs the national information system on dangerous products. Data on dangerous products that pose a threat to the health and safety of consumers are also included in the EU RAPEX system (Rapid Alert System for Dangerous non Food Products).

Systemy wraz z danymi o produktach są dostępne na stronie UOKiKoraz Komisji Europejskiej.


Agnieszka Szkutnik

Tax advisor, Expert customs and excise duties

Customs and excise expert. For over 25 years, he has been a customs and customs and tax officer in control, judicial and managerial positions. Supports the operation of entrepreneurs, including customs agencies in the field of customs consultancy, excise duty, tax on games, authorized entrepreneur with AEO status, or tax and customs warehouses. Provides assistance in obtaining Binding Tariff Information and in solving problems related to the obligations and control under the SENT system.

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