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Compliance Strategy 8 min

No EU Manufacturer? Who Carries the Responsibility Under GPSR

When the manufacturer is outside the EU, an importer, authorised representative or fulfilment provider must take responsibility. How the rules decide who.

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Conphora Editorial · 15 October 2026
GPSRresponsible personauthorised representativefulfilment service providerimporternon-EU sellers

The question every non-EU seller has to answer

The General Product Safety Regulation (GPSR), Regulation (EU) 2023/988, has applied since 13 December 2024. Almost two years in, one question still comes up more than any other from brands outside the EU: who is our responsible person in the EU?

The answer matters because the rule is a market-access condition, not a formality. Under Article 16(1) of the GPSR, a product covered by the regulation “shall not be placed on the market unless there is an economic operator established in the Union” who is responsible for certain tasks for that product. Without that operator, the product should not be sold in the EU at all, whether in a shop, on your own website or through a marketplace.

Two rules, one model

The GPSR does not invent its own system. Article 16(1) borrows it from the Market Surveillance Regulation, Regulation (EU) 2019/1020:

In both cases the same four candidates are possible, and the same core tasks apply. The GPSR adds some extra duties for consumer products, described below.

The four candidates

Article 4(2) of the Market Surveillance Regulation lists the economic operators that can take on the role:

  1. A manufacturer established in the Union. If the manufacturer is in the EU, the question is answered.
  2. An importer, where the manufacturer is not established in the Union. The importer is the EU business that places the product from a third country on the EU market.
  3. An authorised representative who has a written mandate from the manufacturer designating it to perform the tasks in Article 4(3) on the manufacturer’s behalf.
  4. A fulfilment service provider established in the Union, for the products it handles, where no other economic operator under points 1 to 3 is established in the Union.

The fulfilment service provider is explicitly the fallback. It only becomes the responsible operator when there is no EU manufacturer, importer or authorised representative. The regulation defines a fulfilment service provider as a business offering, in the course of commercial activity, at least two of warehousing, packaging, addressing and dispatching, without owning the products. Postal and parcel delivery services and freight transport are excluded.

For a non-EU brand, the practical choice is usually between an importer that buys and resells the goods, and an authorised representative appointed by written mandate when the brand sells directly to EU customers. Article 5 of the Market Surveillance Regulation requires the authorised representative to perform the tasks in its mandate, to have the appropriate means to do so, and to provide a copy of the mandate to the authorities on request.

What the responsible operator must do

Article 4(3) of the Market Surveillance Regulation sets the core tasks:

For consumer products under the GPSR, Article 16(2) adds a duty to regularly check that the product complies with its technical documentation and with the GPSR’s labelling and information requirements, and to provide documented evidence of those checks to market surveillance authorities on request.

Under Article 20(4) of the GPSR, where the manufacturer is not established in the Union, the responsible person who knows of an accident caused by the product must also make sure it is notified through the Safety Business Gateway.

Where the name must appear

Article 16(3) of the GPSR requires the responsible operator’s name, registered trade name or trade mark, and contact details, including the postal and electronic address, to be indicated on the product, its packaging, the parcel or an accompanying document. The Market Surveillance Regulation requires the postal address; the GPSR adds the electronic address for consumer products.

Online offers have their own rule. Under Article 19 of the GPSR, when a product is sold at a distance and the manufacturer is not established in the Union, the offer must clearly show the name, postal and electronic address of the responsible person, alongside the manufacturer’s details, product identification with a picture, and warnings and safety information.

See our problem pages on having no EU responsible person, a label without an EU address and the authorised representative’s mandate.

Fulfilment providers: the last resort

Many non-EU sellers use an EU warehouse and assume the warehouse becomes their responsible person. That only happens when no manufacturer, importer or authorised representative is established in the EU. A fulfilment provider that ends up in that position takes on the full set of tasks for the products it handles, which is why many will ask for an authorised representative to be appointed instead. Our problem page We store and ship for others and may be responsible and the glossary entry for fulfilment service provider go into detail.

Marketplaces are not on the list

Online marketplaces have their own GPSR duties. Under Article 22, they must register in the Safety Gate Portal, designate a single point of contact for authorities and another for consumers, and have internal processes for product safety. But a marketplace is not one of the four operators in Article 4(2) of the Market Surveillance Regulation. A listing on a marketplace does not replace a responsible person; the marketplace will ask you for one.

How Conphora helps

The responsible-person rule ties together contracts, labels, listings and documents. With Conphora you can:

See how Conphora works and how it keeps your EU responsibilities documented. For the wider picture, read our article on GPSR and the glossary entries for responsible person and authorised representative.


Selling into the EU from outside it? See plans and pricing →

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