Do non-EU sellers need a GPSR responsible person?
Updated
Yes, for consumer products offered to EU consumers.
Article 16 of the General Product Safety Regulation (EU) 2023/988, which applies from 13 December 2024, says a product covered by the GPSR may not be placed on the market unless an economic operator established in the EU is responsible for the tasks in Article 4(3) of Regulation (EU) 2019/1020. For a U.S. or Chinese seller shipping directly to EU consumers, that means appointing an EU authorised representative, using an EU importer, or relying on an EU fulfilment service provider for the goods it handles. Their name and contact details must be on the product, its packaging, the parcel or an accompanying document.
What changes the answer
- Who qualifies. Under Article 4(2) of 2019/1020: a manufacturer established in the EU, an importer, an authorised representative with a written mandate, or, where none of those exists, a fulfilment service provider established in the EU for the products it handles.
- Targeting the EU. An online offer counts as making a product available in the EU if it targets EU consumers. Shipping options, language, currency and EU domain names point to targeting; a website that is merely reachable from the EU does not.
- CE products too. Products under CE directives listed in Article 4(5) of 2019/1020, such as toys, electrical equipment and radio equipment, already needed an EU economic operator. The GPSR extends the requirement to other consumer products.
- Online listings. Article 19 requires every online offer to show the manufacturer's name and postal and electronic address, the EU responsible person's name and addresses when the manufacturer is outside the EU, product identification with a picture and type, and warnings and safety information in the local language.
- UK and Northern Ireland. Great Britain is outside the GPSR. Northern Ireland follows EU product rules, so check before treating a UK entity as your EU representative.
What to do
- Pick your EU economic operator and sign a written mandate that covers the Article 4(3) tasks: keeping the declaration and technical documentation, answering authorities, reporting risks and cooperating on corrective action.
- Put that operator's name, postal and electronic address on the product, packaging, parcel or an accompanying document (GPSR Article 16(3)).
- Update every marketplace and web listing with the Article 19 information.
- Prepare the internal risk analysis and technical documentation required by Article 9, and keep it for 10 years.
- Set up a process to report accidents through the Safety Business Gateway, which Article 20 requires the manufacturer, or the EU responsible person for non-EU manufacturers, to ensure.
Next steps
Frequently asked questions
- Can Amazon or another marketplace be my responsible person?
- A marketplace that only hosts your listing is not an economic operator for your products. If it stores, packs and ships the goods as a fulfilment service provider established in the EU, it can be the responsible person for products it handles when no other EU operator exists. Check the provider's terms.
- Does the GPSR apply to B2B products?
- It covers products intended for consumers or likely to be used by consumers. Professional-only equipment is outside it, but sector rules may still require an EU economic operator.
- What happens to products placed on the market before December 13, 2024?
- Under the transitional rule, member states may not impede products that complied with the old General Product Safety Directive and were placed on the market before that date.
Sources
This is general information drawn from the official sources linked above. It is not legal advice. Rules change and often turn on the facts of your product, so confirm your test plan with an accredited lab and your obligations with qualified counsel before you import or sell.