EU responsible person under the GPSR: when you need one and who it can be
A consumer product may only be placed on the EU market if an economic operator established in the EU is responsible for it (Article 16(1) GPSR). For stores selling goods from manufacturers in China, the US, the UK or Switzerland, this is one of the most important questions under the GPSR.
Last updated: · EuKlar by SyncVentura
At a glance
- Every product needs an economic operator in the EU who carries out certain tasks towards the authorities.
- If the manufacturer is established in the EU, the manufacturer is that person. No additional information is needed in your store.
- If the manufacturer is outside the EU, the role can be taken by an importer, an authorised representative with a written mandate or – if none of these exists – a fulfilment service provider in the EU.
- This person’s name, postal address and email address belong on the product, packaging, parcel or an accompanying document, and in every online offer.
Background
For CE-marked products, the rule that an economic operator in the EU must be responsible has applied since July 2021 (Article 4 of the Market Surveillance Regulation (EU) 2019/1020). Article 16(1) GPSR extends it to other consumer products: without such an operator, a product may not be placed on the market.
This gives the authorities a contact in the EU who can provide documents, report risks and arrange corrective action – even when the manufacturer is far away.
In an online store, this person becomes required information as soon as the manufacturer is established outside the EU (Article 19(b)). If the manufacturer is in the EU, the manufacturer’s details are sufficient.
Who can be the responsible person
Article 4(2) of Regulation (EU) 2019/1020, referred to by Article 16 GPSR, lists four options:
- Manufacturer
a manufacturer established in the EU;
- Importer
an importer, where the manufacturer is not established in the EU. An importer is a person established in the EU who places a product from a third country on the EU market (Article 3(10) GPSR);
- Authorised representative
an authorised representative with a written mandate from the manufacturer to perform these tasks on the manufacturer’s behalf;
- Fulfilment service provider
a fulfilment service provider established in the EU, for the products it handles – but only where none of the other three is established in the EU.
The person must be established in the EU. The UK, Switzerland and the US are not part of the EU.
What their tasks are
- Following a reasoned request, they provide the market surveillance authorities with all information and documentation needed to demonstrate the product’s conformity (Article 4(3)(b) of Regulation 2019/1020).
- If they have reason to believe that a product presents a risk, they inform the authorities (point (c)).
- They cooperate with the authorities and make sure that necessary corrective action is taken (point (d)).
- They regularly check that the product complies with the technical documentation and labelling requirements, and provide documented evidence on request (Article 16(2) GPSR).
- If they learn of an accident involving the product, they ensure it is notified through the Safety Business Gateway (Article 20(4) GPSR).
- For CE-marked products, they also verify that the EU declaration of conformity and technical documentation exist and keep them available for the authorities (point (a)).
That is more than an address on a label. Whoever takes on the role needs access to the manufacturer’s documentation.
Where the name and address must appear
- On the product or its packaging, the parcel or an accompanying document: name, registered trade name or registered trade mark and contact details, including postal address and email address (Article 16(3) GPSR).
- In every online offer: name, postal and electronic address (Article 19(b) GPSR), in addition to the manufacturer’s details.
Do not enter just any EU address. The person named must actually have taken on the tasks – an authorised representative only with a written mandate from the manufacturer.
Typical cases
| Case | Responsible person in the EU |
|---|---|
| The manufacturer is based in Germany or another EU country. | The manufacturer. The manufacturer’s details are enough in your store. |
| You are based in the EU, buy from a manufacturer in China and import the goods yourself. | You, as the importer, with your name and address on the product (Article 11(3)). |
| You buy from a wholesaler in the EU; the manufacturer is in the US. | Usually the importer who brought the goods into the EU, or an authorised representative of the manufacturer. Ask your wholesaler; the details should be on the product or packaging. |
| You sell a private label manufactured in Asia. | You are the manufacturer (Article 3(8)). If you are established in the EU, you are the responsible person yourself. |
| The manufacturer is based in the UK or Switzerland. | A responsible person in the EU is required; neither country is in the EU. |
| You sell from outside the EU, or dropship directly from a non-EU country. | Clarify who takes on the role before selling. Without a responsible economic operator in the EU, the product may not be placed on the market. |
How to find the right details
- Check the label and packaging
The responsible person is often already printed there, sometimes marked “EU Responsible Person”.
- Ask your supplier
Manufacturers and wholesalers who supply the EU must know these details.
- Check the details
Is the address actually in an EU country? Is an email address given?
- Don’t sell without it
If there is no responsible person at all, only offer the product once that is resolved.
- Add it in your store
Record the details on every affected product and keep them current.
Sources
This guide gives a general overview as of the date shown and is not legal advice. The wording of the regulations is authoritative; individual cases may require advice from a lawyer or the competent authority.