§20 para (1) ProdSG states:
"If the manufacturer is not domiciled in the European Union or the European Free Trade Association or cannot provide a summonable address in the European Union or the European Free Trade Association, an authorized representative must file the application."
For aspirants to the GS mark, this means that the GS body must determine whether the manufacturer has a summonable address in the European Economic Area as part of the application review process. If this is not the case, the application must be submitted via an authorized representative.
The GS certificate continues to list the actual manufacturer with their correct address as the approval holder. This address can also be outside the European Economic Area.
For the case of the authorized representative, the following shall apply:
- An authorized representative does not have to be mentioned in the certificate.
- A P.O. Box address is not sufficient, as it is not summonable in the sense of the law
- The mark approval holder must inform the GS body immediately if there is a change in the authorized representative in the EU.
No action is required for existing certificates. However, if changes are applied for that lead to a repeat certification, the new requirement in §20 para. (1) ProdSG applies.
