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:
- For consumer products under the GPSR, GPSR Article 16 applies, and it makes Article 4(2) and (3) of the Market Surveillance Regulation apply to those products.
- For products under the harmonisation legislation listed in Article 4(5) of the Market Surveillance Regulation – including the rules on toys, electrical equipment, electromagnetic compatibility, radio equipment, machinery, personal protective equipment and gas appliances – Article 4 of that regulation applies directly.
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:
- A manufacturer established in the Union. If the manufacturer is in the EU, the question is answered.
- 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.
- 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.
- 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:
- where the applicable rules require an EU declaration of conformity and technical documentation, verify that they have been drawn up, keep the declaration available for the required period and make sure the documentation can be provided on request;
- on a reasoned request, give the authority all information and documentation needed to show conformity, in a language it easily understands;
- inform the authorities when there is reason to believe the product presents a risk;
- cooperate with the authorities, including making sure corrective action is taken.
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:
- Record the responsible economic operator for each product and market, with the mandate or contract behind it.
- Keep technical documentation and declarations ready to share with your importer or authorised representative.
- Log the regular checks required by GPSR Article 16(2), with dates and evidence.
- Check that labels and listings show the right contact details before products go live.
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.
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