--- title: "We store and ship for others and may be responsible" description: "A fulfilment service provider is an economic operator under EU product law. Where no manufacturer, importer or authorised representative is established in the Union, a fulfilment service provider established there is the responsible person for the products it handles, with the tasks that follow: keeping documentation available, answering authorities and cooperating on corrective action. The way to avoid that is to know, per client, who fills the role." type: "problem" url: "https://www.conphora.com/solutions/problem/fulfilment-provider-duties/" markdown: "https://www.conphora.com/solutions/problem/fulfilment-provider-duties.md" locale: "en" language: "en" updated: "2026-10-05" author: "Conphora compliance team" publisher: "Conphora" source: "https://eur-lex.europa.eu/eli/reg/2023/988/oj" tags: ["GPSR", "roles-responsibilities"] license: "Free to quote with attribution and a link to the page" --- # We store and ship for others and may be responsible A fulfilment service provider is an economic operator under EU product law. Where no manufacturer, importer or authorised representative is established in the Union, a fulfilment service provider established there is the responsible person for the products it handles, with the tasks that follow: keeping documentation available, answering authorities and cooperating on corrective action. The way to avoid that is to know, per client, who fills the role. ## Why this happens EU product law counts the fulfilment service provider among the economic operators. The General Product Safety Regulation (EU) 2023/988 defines it as any person offering, in the course of commercial activity, at least two of the following services: warehousing, packaging, addressing and dispatching, without having ownership of the products involved, excluding postal, parcel delivery and freight transport services (Article 3(12)). [1] The consequence sits in Regulation (EU) 2019/1020, for products under the harmonisation acts listed in its Article 4(5). The economic operator responsible for a product is the manufacturer established in the Union, the importer, or an authorised representative with a written mandate. Where none of these is established in the Union, it is the fulfilment service provider established in the Union, with respect to the products it handles (Article 4(2)(d)). [2] That operator verifies that the documentation has been drawn up and keeps it available, provides information to authorities on a reasoned request, informs them when it has reason to believe a product presents a risk, and cooperates on corrective action (Article 4(3)). [2] Under Article 16(1) of the GPSR the same applies to the products it covers, and Article 16(2) adds regular checks that the product matches its technical documentation and carries the identification, contact details and instructions required by Article 9(5), (6) and (7). [1] ## How to solve it 1. **Check whether you meet the definition** A fulfilment service provider offers, commercially, at least two of warehousing, packaging, addressing and dispatching, without owning the products. Postal, parcel delivery and freight transport services are excluded. 2. **Ask every client who its responsible person is** Get the name and address of the manufacturer in the Union, the importer or the authorised representative, in writing, before the goods arrive. 3. **Treat the gaps as your own products** For clients with nobody established in the Union, you are the responsible person for what you handle. Either require them to appoint a representative or collect the documentation yourself. 4. **Keep a way to reach the client about safety issues** The responsible person informs authorities of risks and cooperates on corrective action, which requires batch data and a contact that answers. ## What you need to show - **Per client: name and address of the responsible person** — The client (Regulation (EU) 2019/1020 Article 4(2)) - **Technical documentation, and the declaration of conformity where one is required, where you fill the role** — The manufacturer (Regulation (EU) 2019/1020 Article 4(3)(a)) - **Records of which batches you handled** — Your own warehouse system (Supports cooperation on corrective action (Regulation (EU) 2019/1020 Article 4(3)(d))) ## If you do nothing - **You become the responsible person by default** — A fulfilment service provider established in the Union is the responsible economic operator for the products it handles where no manufacturer, importer or authorised representative is established in the Union (Regulation (EU) 2019/1020 Article 4(2)(d)). - **Without a responsible person the product may not be placed on the market** — The GPSR applies the same rule to the products it covers (GPSR Article 16(1)). - **Penalties under national law** — Each Member State sets its own penalties for infringements of the regulation (GPSR Article 44). - **Liability for damage from 9 December 2026** — For products placed on the market from 9 December 2026 whose manufacturer is outside the Union, the fulfilment service provider is liable for damage caused by a defective product where no importer or authorised representative is established in the Union, as national law transposing the directive provides (Directive (EU) 2024/2853, Articles 2(1) and 8(1)(c)(iii)). ## Questions ### We only ship parcels. Are we a fulfilment service provider? Postal, parcel delivery and freight transport services are excluded from the definition. Offering at least two of warehousing, packaging, addressing and dispatching brings you within it. ### Does the role make us the manufacturer? No. The responsible person performs the tasks in Article 4(3) of Regulation (EU) 2019/1020 and, for products under the GPSR, the checks in its Article 16(2). The manufacturer's obligations stay with the manufacturer. ### Can the contract with the client move the responsibility back? A contract can oblige the client to appoint a representative and to indemnify you. It does not change who the authorities turn to while nobody else is established in the Union. ## Regulations involved GPSR ## Sources 1. [Regulation (EU) 2023/988 on general product safety](https://eur-lex.europa.eu/eli/reg/2023/988/oj) — EUR-Lex, 2026-09-21 2. [Regulation (EU) 2019/1020 on market surveillance and compliance of products](https://eur-lex.europa.eu/eli/reg/2019/1020/oj) — EUR-Lex, 2026-09-21 3. [Directive (EU) 2024/2853 on liability for defective products](https://eur-lex.europa.eu/eli/dir/2024/2853/oj) — EUR-Lex, 2026-09-28