Amazon & marketplaces

Amazon FBA vs FBM under GPSR: Who Is the Importer and Who Is the Responsible Person?

Last checked against the official texts: 7 November 2026 · Based on Regulation (EU) 2023/988

Short answer

Neither the GPSR nor Article 4 of Regulation (EU) 2019/1020 mentions FBA or merchant fulfilment. What matters is who imports the goods into the EU and who stores and ships them, because that decides who can be the importer, the fulfilment service provider and the EU Responsible Person. The online listing rules (Article 19) and the on-product labelling rules are the same for both models. For a manufacturer outside the EU, the safe route in every model is a written mandate with an EU authorised representative; do not assume Amazon or your warehouse is your responsible person.

Key points

The law assigns duties by role, not by logistics model: FBA and FBM differ only in who imports, stores and ships.
The customs declarant or “importer of record” is not automatically the GPSR importer.
Amazon may be a fulfilment service provider for FBA stock, but only as a fallback; Amazon publicly tells sellers to appoint their own EU Responsible Person.
Shipping parcels directly from China to EU consumers leaves no importer and no fulfilment service provider, so only an authorised representative can fill the role.
One responsible person covers the whole EU, but warning languages and Amazon submissions are handled country by country.

The short answer: the law looks at roles, not at FBA or FBM

Some sellers believe FBA means “Amazon handles compliance” and only merchant-fulfilled (FBM) sellers need an EU representative. Neither the GPSR (Regulation (EU) 2023/988) nor the Market Surveillance Regulation (EU) 2019/1020 uses those terms. The law gives obligations to economic operators: manufacturer, authorised representative, importer, distributor and fulfilment service provider (GPSR Article 3, points 8 to 13). The logistics model only changes who brings the goods into the EU and who stores and ships them, and so who ends up in which role.

The key rule is GPSR Article 16(1): a product covered by the GPSR may not be placed on the market unless an economic operator established in the Union is responsible for the tasks in Article 4(3) of Regulation 2019/1020. Under Article 4(2) of that regulation there are only four candidates, and the order matters:

Role	Key points of the definition	Link to FBA / FBM
EU manufacturer	Markets the product under its own name or trademark and is established in the EU (GPSR Art. 3(8))	Unrelated to logistics; a Chinese brand owner does not qualify
Importer	Established in the EU and places a product from a third country on the EU market (Art. 3(10))	Only if an EU company places the goods on the market in its own name
Authorised representative	Established in the EU with a written mandate from the manufacturer (Art. 3(9))	Unrelated to logistics; works for FBA and FBM alike
Fulfilment service provider	Offers at least two of warehousing, packaging, addressing and dispatching without owning the goods; postal, parcel delivery and other postal or freight transport services are excluded (GPSR Art. 3(12); Reg. 2019/1020 Art. 3(11))	An Amazon fulfilment centre or EU 3PL may qualify; it is only the fallback when none of the above exists (Reg. 2019/1020 Art. 4(2)(d))

For CE-marked products the legal basis is Article 4 of Regulation 2019/1020 itself (GPSR Article 2(1)), with essentially the same result. See the EU Responsible Person guide and the overview of economic operator roles.

The customs “importer” and the GPSR importer are not the same thing

Forwarders and customs brokers talk about the “importer of record” (IOR). That is customs and tax language, not a term defined in EU law. The Union Customs Code (Regulation (EU) No 952/2013) uses declarant: the person lodging a customs declaration in its own name, or the person in whose name it is lodged (Article 5, point 15). The declarant must in principle be established in the EU (Article 170(2), with exceptions) and may use a direct or indirect customs representative (Article 18).

The GPSR importer is a different concept: a person established in the EU who places a product from a third country on the EU market, meaning makes it available on the EU market for the first time (GPSR Article 3, points 7 and 10). The two can be the same company, but often they are not:

Being named on the customs declaration, or paying import VAT and duty, does not by itself make someone the GPSR importer or put the Article 11 importer obligations on it.
A Chinese company with an EORI number or an EU VAT registration is still not established in the EU, so it cannot be the GPSR importer.
The Commission's Article 4 guidelines (2021/C 100/01) and the Blue Guide (2022) explain that an EU company selling non-EU-made goods under its own name or trademark is the manufacturer, and there is then no “importer” in the legal sense, even if another company handles the importation.
If your own EU subsidiary imports and places the goods on the market in its own name, it can be the importer. It must then put its name and address on the product (or, where that is not possible, the packaging or an accompanying document) under Article 11(3) and keep a copy of the technical documentation for 10 years (Article 11(6)).

So the question is who places the goods on the EU market in its own name, not whose name is on the customs paperwork. If in doubt, ask a lawyer who knows EU product law.

Four common models side by side

The table follows the steps in section 2.2 of the Commission's Article 4 guidelines and the explanations in the Blue Guide. It assumes a brand owner in China with no EU subsidiary or EU importer. Guidelines interpret the law; they are not the law.

Model	GPSR importer	Fulfilment service provider	Safest responsible person
(a) FBA: stock shipped to Amazon fulfilment centres in the EU	Usually none: the seller is outside the EU, Amazon does not own the goods, the customs broker only handles formalities	Amazon stores, packs and ships, so following the Commission's GPSR guidelines it may qualify	A written mandate with an authorised representative; Amazon publicly asks sellers to appoint one
(b) FBM: parcels shipped from China to EU consumers	None	None: postal, parcel and courier services are excluded	Only an authorised representative; without one the product may not be offered to EU consumers (Article 4 guidelines, step 6)
(c) FBM: orders shipped from an EU 3PL warehouse	Usually none, unless an EU company imports in its own name	The 3PL may qualify if it provides two or more of the services	A written mandate with an authorised representative; rely on the 3PL only if it agrees in writing
(d) Pan-European FBA / several marketplaces	As (a)	As (a), with stock possibly spread over several countries	One authorised representative for the whole EU, one label

FBA: is Amazon a fulfilment service provider, and will it be your responsible person?

FBA's warehousing, packing, addressing and dispatching clearly exceed the “at least two services” threshold. GPSR recital 46 says one business can play different roles for different products, and the Commission's GPSR business guidelines (C/2025/6233) say an online marketplace that also warehouses and packs some products is a fulfilment service provider for those products. The guidelines add that a fulfilment service provider can “automatically” become the responsible person if there is no EU manufacturer, importer or authorised representative.

That does not make FBA your EU representative:

It is only a fallback. A fulfilment service provider is the responsible person for the products it handles only where none of the other three exists (Reg. 2019/1020 Art. 4(2)(d)). The Commission's Article 4 guidelines note that it has no built-in link with the manufacturer and must first obtain the declaration of conformity, documentation and assurances of cooperation from its client.
What Amazon has said publicly. Amazon's official GPSR announcement on its seller forums tells brand owners to appoint a responsible person and resellers to provide responsible person and manufacturer details, and an Amazon community manager wrote that all sellers, including non-EU sellers, must appoint an EU-based responsible person. Amazon's compliance page on sell.amazon.fr says it collects responsible person details for non-EU brands and FBA ASINs. We found no public statement that Amazon acts as responsible person for FBA products; unless Amazon confirms that in writing, do not assume it.
Label before you ship. According to the Blue Guide, goods sent to an EU fulfilment centre are placed on the market when they are released for free circulation. The Commission's Article 4 guidelines add that the responsible person's name and contact details must already be on the product, packaging, parcel or an accompanying document at that point (the customs declaration alone is not enough), and for CE products customs must suspend release if they are missing (Reg. 2019/1020 Art. 26(1)(d)). Apply labels before the goods leave China.

For what the mandate should contain, see the authorised representative mandate guide.

FBM: direct shipping from China versus shipping from an EU warehouse

(b) Parcels shipped directly from China

This is the clearest case: nobody in the EU imports, stores or ships the goods for you, and postal, parcel and freight carriers are expressly excluded from the definition of fulfilment service provider (GPSR Art. 3(12)). Section 2.2 of the Commission's Article 4 guidelines says that in this situation only an authorised representative with a written mandate can be the responsible person, and that without one the product may not be offered to EU end users. In practice:

The responsible person's details may go on the product, packaging, parcel or an accompanying document (Art. 16(3)), but the manufacturer's details must be on the product, or the packaging or an accompanying document where that is not possible (Art. 9(6)). A shipping label alone does not do it.
Instructions and safety information must be in a language easily understood by consumers in the destination country (Art. 9(7)).

(c) Orders shipped from an EU 3PL warehouse

A 3PL that stores, packs, labels and dispatches your goods usually meets the definition of fulfilment service provider, so if no other responsible person exists, an authority may treat it as one. But:

The Commission's Article 4 guidelines suggest fulfilment service providers tell clients up front whether they will take the role; if not, products without another responsible person cannot use their service. Some 3PLs therefore exclude the role in their contracts. Read yours.
A forwarder or courier that only transports goods is not a fulfilment service provider.
Each fulfilment service provider is responsible only for the units it handles, and its details must appear on those units.
Print a 3PL's name and address as responsible person only after it has agreed in writing and received your technical documentation and commitment to cooperate. Never use a warehouse address as an “EU rep” address without that agreement.

Pan-European FBA and several marketplaces: is one responsible person enough?

Amazon describes Pan-European FBA as storing your stock across, and moving it between, fulfilment centres in the EU countries you have authorised. For GPSR that raises three points:

Responsible person: Article 16 requires one economic operator established in the Union, not one per country. A single authorised representative covers every EU marketplace, wherever the stock sits.
Language: the language of instructions and safety information is set by the member state where the product is made available (Art. 9(7), Art. 11(4)), and online warnings must be in that language too (Art. 19(d)). Multilingual labels and leaflets are the usual answer.
Enforcement: penalties are set by each member state (Art. 44). A dangerous product found in one country can be notified through Safety Gate.

Amazon asks for GPSR information to be submitted for each EU marketplace separately. Mixed models are error-prone: if the same SKU is partly FBA, partly shipped from a 3PL and partly sent from China, use the same authorised representative for every channel so every unit carries the same label.

What is identical in both models: listings, marketplace duties and labels

Requirement	Legal basis	Note
Listing shows the manufacturer, the EU responsible person, product identification (including a picture and type) and warnings and safety information	GPSR Art. 19	The distance seller's own duty, regardless of who ships
The marketplace's interface lets you enter that information and displays it or makes it easily accessible; you may have to self-certify that you only offer compliant products	Art. 22(9) and (10)	This is where Amazon's GPSR fields come from
The marketplace acts on authority orders about dangerous products within two working days and informs the operator when it removes an offer	Art. 22(4) and 22(12)(b)	FBA and FBM listings are removed alike
Type, batch or serial number, and the manufacturer's name, trademark, postal and electronic address on the product	Art. 9(5) and (6)	Packaging or accompanying document only where size or nature does not allow it
The responsible person's name, trademark and contact details, including postal and electronic address	Art. 16(3)	On the product, packaging, parcel or an accompanying document

See GPSR label requirements and GPSR online selling requirements. Seller Central wording changes often; go by what your account shows. If a listing has already been deactivated, follow the Amazon GPSR listing recovery guide. Not sure where you stand? Take the 3-step compliance check.

FBA / FBM GPSR role check

Map how each SKU reaches customers: FBA, EU warehouse, direct from China or a mix
Confirm who the manufacturer (brand owner) is and whether it is established in the EU
Check whether any EU company imports in its own name; if not, do not assume there is an importer
Sign a written mandate with an EU authorised representative covering the Article 4(3) tasks
Do not name Amazon, a 3PL or a forwarder as responsible person unless it has agreed in writing
Before the goods leave China, put manufacturer, responsible person, type/batch number and local-language warnings on the product or packaging
Submit manufacturer, responsible person and safety information on every EU marketplace, matching the physical label
Use one set of responsible person details across all warehouses and shipping methods

Common mistakes

Assuming FBA means Amazon is your safety net
As a fulfilment service provider Amazon can only be the fallback where there is no EU manufacturer, importer or authorised representative (Reg. 2019/1020 Art. 4(2)(d)), and Amazon publicly asks sellers to appoint their own EU responsible person. Do not enter Amazon as your responsible person in Seller Central or on labels; appoint an authorised representative in writing.
Treating the forwarder or customs broker as importer or EU rep
The declarant or “importer of record” is a customs concept. It is not automatically the GPSR importer, still less the responsible person. A responsible person must be established in the EU, actually perform the Article 4(3) tasks and have a written mandate or written agreement. Confirm that before printing anyone's name on your packaging.
Printing the EU rep only on the shipping label of direct parcels
Article 16(3) allows the responsible person's details on the parcel, but the manufacturer's details, the type or batch number and warnings in the right language belong on the product, or the packaging or an accompanying document (Art. 9(5) to (7)), and the listing must show the information too (Art. 19). Changing the shipping label alone is not compliance.

Frequently asked questions

Do I still need an EU representative if I use Amazon FBA?

In practice, yes. Amazon may be a fulfilment service provider for your FBA stock, but that role is only the fallback where there is no EU manufacturer, importer or authorised representative, and Amazon publicly asks sellers to appoint their own EU responsible person. We found no public statement in which Amazon offers to act as responsible person for FBA products, so appoint an authorised representative in writing.

I clear customs with my company's EORI number. Am I the EU importer?

No. Under GPSR Article 3(10) the importer must be established in the EU. An EORI number or VAT registration is a customs and tax registration and does not in general mean your company is established in the EU. The customs declarant and the GPSR importer are different concepts; ask a local lawyer if you are unsure.

Can the courier be my responsible person when I ship directly from China?

No. Postal, parcel delivery and other postal or freight transport services are excluded from the definition of fulfilment service provider (GPSR Art. 3(12)). For direct shipping only an authorised representative with a written mandate from the manufacturer can be the responsible person.

My EU 3PL has agreed to be the responsible person. Do I still need an authorised representative?

If the 3PL has agreed in writing to perform the Article 4(3) tasks and has your documentation and commitment to cooperate, it can act for the units it handles, and its details must appear on those units. Stock that goes through FBA or is shipped directly does not pass through that 3PL, so it still needs a responsible person. One authorised representative for all channels is usually simpler.

With Pan-European FBA my stock sits in several countries. Do I need several representatives?

No. Article 16 requires one responsible person established in the EU, and that covers the whole EU. Instructions and warnings must still be in the language of each member state where the product is sold, and Amazon asks for GPSR information on each EU marketplace separately.

Official sources

This guide explains Regulation (EU) 2023/988 in plain language. It is general information, not legal advice. Requirements can depend on your product, other EU laws and the member state — check the official text and, for your own case, a qualified adviser.