In the event of a recall, consumers must generally also be informed in writing in accordance with Art. 35 para. 1, 4 GPSR. According to Art. 36 para. 2 GPSR, the mandatory requirements that a written recall notice must fulfil include, among other things
- the heading ‘Product safety recall’,
- a clear description of the recalled product, including images, name, brand, product identification numbers, place and time of sale
- a clear description of the risk associated with the recalled product, avoiding certain terms that may affect consumers’ perception of the risk (such as “voluntary” or “in specific situations”),
- a clear description of the procedure for consumers, including a request to stop using the product in question,
- an explicit reference to the remedies available to the consumer in accordance with Art. 37 GPSR.
The Commission has now implemented these general requirements in the form of the template. However, the use of the template introduced by Implementing Regulation 2024/1435 is not binding for economic operators. Nevertheless, it can make it easier for economic operators to comply with the requirements of Art. 36 GPSR.
The content of the template is based on the mandatory legal requirements and emphasises the content by using red font. In addition, it offers economic operators the opportunity to add optional information to the recall notice; this includes, for example
- an optional apology,
- links to the economic operator’s social media/website,
- a QR code or another technical solution to get to the economic operator’s recall page.
Finally, the logo of the company and/or the logo of the market surveillance authority ordering the recall can also be included. In the event of a recall, recourse to the template is recommended in order to reduce possible sources of error and ensure conformity with Art. 36 para. 1 GPSR. The template can be implemented in an existing recall management system for this purpose. Although the GPSR only applies to the B2C sector, there is no reason not to follow the template in the B2B sector, even if classic recalls are the exception in this product sector.
Do you have any questions about this news or would you like to discuss it with the author? Please contact: Dr. Gerhard Wiebe
