EU Responsible Person

GPSR Economic Operators Compared: Manufacturer, Authorised Representative, Importer, Distributor, Fulfilment Service Provider

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

Short answer

GPSR Article 3 sorts supply-chain businesses into “economic operators”: manufacturer, authorised representative, importer, distributor and fulfilment service provider, with obligations in Articles 9 to 12. An online marketplace provider is defined separately and has its own duties under Article 22. Your role depends on what you actually do for a given product: whoever markets it under their own name or trademark is the manufacturer (Articles 3(8) and 13), and the EU responsible person can only be an EU manufacturer, importer, authorised representative or fulfilment service provider (Regulation 2019/1020, Article 4(2)).

Key points

The manufacturer is whoever's name or trademark is on the product, not whoever runs the factory: for OEM goods it is the brand owner.
Importers and authorised representatives must be established in the EU; the definitions of manufacturer and distributor contain no such condition.
Selling someone else's product under your own name or trademark, or substantially modifying it, makes you the manufacturer (Article 13).
A marketplace that only intermediates is not an economic operator, but the same platform can also be a distributor or fulfilment service provider for some products.
Labels must show the manufacturer, the importer (if any) and the EU responsible person; distributors and marketplaces do not add their own details.
For CE-marked products, GPSR Articles 9 to 18 do not apply and sector law sets the duties, but Articles 19, 20 and 22 still apply in principle.

Three different concepts: economic operator, responsible person, online marketplace

Under GPSR (Regulation (EU) 2023/988) Article 3, point 13, an economic operator is the manufacturer, authorised representative, importer, distributor, fulfilment service provider, or any other person with obligations under the regulation for making products or making them available. Chapter III (Articles 9 to 21) sets duties role by role.

Two related terms are often confused with them:

The EU responsible person is not a sixth role. It is one of the economic operators above, which Article 16(1) requires to exist for every product: an operator established in the EU who is responsible for the tasks in Article 4(3) of Regulation (EU) 2019/1020.
A provider of an online marketplace is defined separately (Article 3, point 14) as an intermediary service whose online interface lets consumers conclude distance contracts with traders. It is not listed in the definition of economic operator; its duties are in Chapter IV, Article 22.

One company can hold different roles for different products; GPSR recital 46 and section 3 of the Commission's business guidelines (C/2025/6233) say to analyse product by product. The guidelines interpret the regulation but are not the law; the regulation text prevails.

Comparison table: definition, who it usually is, main duties, name on the label

Role	Definition (GPSR Article 3)	Typically, for a non-EU online seller	Main duties	Name and address on the product?
Manufacturer	Makes a product, or has it designed or made, and markets it under its own name or trademark (point 8). No EU establishment required	The factory or trading company selling under its own brand; the OEM brand owner	Article 9: safe product (Article 5); risk analysis and technical documentation kept 10 years; type, batch or serial number; instructions and safety information; complaint channels; corrective action and notification if dangerous	Yes (Article 9(6))
Authorised representative	Established in the EU, with a written mandate from the manufacturer to act on its behalf for specified tasks (point 9)	The “EU Rep” service a seller signs up with	Article 10: performs the mandated tasks, at minimum giving authorities safety information on request, alerting the manufacturer to dangerous products, notifying corrective actions if the manufacturer has not, cooperating; shows the mandate on request	Not required by Article 10; yes when it is the responsible person (Article 16(3))
Importer	Established in the EU and places a product from a third country on the EU market (point 10)	Your EU subsidiary, or an EU buyer importing and selling in its own name	Article 11: checks the product is safe and the manufacturer met Article 9(2), (5) and (6) before placing it; adds its own details without covering the manufacturer's; keeps the technical documentation 10 years; handles complaints; reports dangerous products	Yes (Article 11(3))
Distributor	Anyone in the supply chain, other than the manufacturer or importer, who makes a product available on the market (point 11)	Resellers of other brands, EU retailers and wholesalers	Article 12: checks manufacturer and importer details, product identifier and instructions before selling (Articles 9(5)–(7), 11(3)–(4)); does not sell non-compliant goods; informs upstream and ensures notification	No
Fulfilment service provider	Offers at least two of warehousing, packaging, addressing and dispatching without owning the products; postal, parcel and freight services excluded (point 12)	EU warehouses and 3PLs; a platform's fulfilment service for goods it handles	Internal safety processes (Article 14) and cooperation (Article 15); responsible person for goods it handles only if there is no EU manufacturer, importer or authorised representative	Only when it is the responsible person
Online marketplace provider	Intermediary service whose online interface lets consumers conclude distance contracts with traders (point 14)	The platform, for third-party sellers' offers	Article 22: contact points and Safety Gate Portal registration; acts on authority orders within two working days and on safety notices within three; lets traders enter the Article 22(9) information; suspends repeat offenders after a warning; cooperates on recalls	No

In addition, every economic operator needs internal safety processes (Article 14), must cooperate with authorities and explain risks and corrective measures on request (Article 15(1)–(2), 10 years), and must be able to name its suppliers and customers (Article 15(3), six years). Online sellers must show the Article 19 information in the listing (see GPSR online selling requirements). Accidents are notified by the manufacturer through the Safety Business Gateway; importers and distributors must tell the manufacturer (Article 20(1) and (3)).

Platform models differ (retail, fulfilment, fully managed programmes), so whether a platform holds another role for a product is decided case by case (recital 46).

Who is the manufacturer? Follow the name and trademark

Article 3, point 8 has two conditions that must both be met: the person makes the product or has it designed or made, and markets it under its own name or trademark. The Commission's guidelines give the example of a company that buys mugs from a producer, adds its own logo and sells them: that company is the manufacturer.

For sellers sourcing from China, that means:

Brand owner using an OEM factory: the brand owner is the manufacturer, carries the Article 9 duties and puts its details on the label. The factory need not appear, but the brand owner must get from it what it needs for the risk analysis and technical file.
Factory selling under its own brand: the factory is the manufacturer.
EU company selling a Chinese factory's product under its own trademark: the EU company is an EU-established manufacturer. The Commission's Article 4 guidelines (2021/C 100/01) note there is then no “importer” in the legal sense, even if another company handles the importation.

Article 13 extends manufacturer duties to others:

Article 13(1): anyone who places a product on the market under their own name or trademark is deemed the manufacturer and takes on Article 9. Typically, an EU importer or distributor rebranding your product.
Article 13(2) and (3): anyone other than the manufacturer who substantially modifies a product is deemed the manufacturer for the modified part, or for the whole product if the modification affects its safety. A physical or digital modification is substantial when it affects safety and all three criteria are met: not foreseen in the original risk assessment; the hazard changed, a new hazard appeared or the risk increased; and not made by consumers for their own use.

By contrast, the Commission's guidelines treat a business that only translates packaging for a member state, still selling under the manufacturer's name, as a distributor.

Importers and distributors: do not assume

An importer must be established in the EU (Article 3, point 10). A company registered in China cannot be the GPSR importer, however its goods reach the EU. Two assumptions cause trouble:

“My customs agent is the importer.” The importer of record on a customs declaration is a customs concept. Whether that company is also the GPSR importer depends on whether it is established in the EU and itself places the product on the market. Neither the regulation nor the guidelines address customs service providers specifically, so do not assume they carry Article 11 duties. If you want one to act as importer, agree it in writing; otherwise mandate an authorised representative.
“Amazon is my importer.” With FBA, Amazon stores, packs and ships goods it does not own, which matches the definition of a fulfilment service. The Commission's guidelines say a marketplace that also warehouses and packs certain products is a fulfilment service provider for them. Stock in an Amazon warehouse does not make Amazon your importer.

The distributor definition is broad: anyone other than the manufacturer or importer who makes a product available on the EU market (Article 3, point 11), with no establishment condition in the definition. Resellers of other brands usually fall here. Their main duty is a pre-sale check (Article 12(1)) of the manufacturer and importer details, product identifier and local-language instructions. A distributor is not the responsible person; the brand owner must arrange one.

Which roles can be the EU responsible person

GPSR Article 16(1) applies Article 4(2) of Regulation 2019/1020, so the responsible person can only be: (a) a manufacturer established in the EU; (b) an importer, where the manufacturer is not established in the EU; (c) an authorised representative with a written mandate designating it to perform the Article 4(3) tasks; or (d) a fulfilment service provider established in the EU, for the products it handles, only where none of (a) to (c) is established in the EU. Distributors and marketplaces are not on the list unless they also hold one of those roles.

Situation	Responsible person
Manufacturer established in the EU	The manufacturer (unless it mandates an authorised representative)
Non-EU manufacturer that has mandated an authorised representative for the Article 4(3) tasks	The authorised representative
Non-EU manufacturer, EU importer, no authorised representative	The importer; with several importers, each for the units it placed on the market
None of the above, but an EU fulfilment service provider handles the goods	The fulfilment service provider, only for the goods it handles
Shipped from outside the EU directly to consumers, no authorised representative	Nobody; the Commission's Article 4 guidelines say the product may not be offered to EU end users

Following section 2.2 of the Commission's Article 4 guidelines, first ask whether an authorised representative has been mandated in writing; if not, look at the supply chain. Its name, postal and electronic address go on the product, packaging, parcel or an accompanying document (Article 16(3)), and in the listing when the manufacturer is outside the EU (Article 19(b)). Tasks: see EU Responsible Person under GPSR; contract: see the authorised representative mandate.

CE-marked products: same role names, different source of duties

For products covered by EU harmonisation legislation (toys, electrical equipment, radio equipment and so on), GPSR Article 2(1)(b) switches off Chapter III Section 1, which is Articles 9 to 18 including Article 16. Manufacturer, importer and distributor duties then come from the sector law, and the responsible person comes directly from Article 4 of Regulation 2019/1020 for the laws listed in its Article 4(5). Regulation 2019/1020 Article 3 defines these roles in essentially the same way.

Chapter III Section 2 (Articles 19 to 21: online information, accidents, digital information) and Chapter IV (Article 22, marketplaces) are not switched off; under recital 8 they apply where the sector law has no specific provisions with the same objective. The Commission's Blue Guide (2022) likewise says an importer or distributor that sells under its own name or trademark, or modifies a product in a way that may affect compliance, takes over the manufacturer's responsibilities, including for the CE marking. See GPSR vs CE marking.

Four typical scenarios

1. Chinese factory, own brand, Amazon FBA, no EU importer

The factory is the manufacturer. Amazon provides marketplace and fulfilment services for these goods, which does not make it the importer; usually there is no GPSR importer at all. A fulfilment service provider is in theory the fallback, but Amazon's public GPSR announcement asks sellers to supply responsible person details, so mandate an authorised representative. The label shows the manufacturer and the representative. See Amazon GPSR: FBA vs FBM.

2. Same factory, but an EU subsidiary imports and sells in its own name

The factory is the manufacturer and the subsidiary the importer; both go on the label (Articles 9(6) and 11(3)). Without a mandated authorised representative, the subsidiary is the responsible person. If the subsidiary switches to its own brand, Article 13(1) makes it an EU-established manufacturer.

3. Shenzhen brand owner with an OEM factory, shipping direct from China

The brand owner is the manufacturer; the factory is not. With no EU establishment, importer or warehouse, only a mandated authorised representative can be the responsible person; without one, do not offer the product to EU consumers.

4. Stock held in a third-party EU warehouse

A warehouse offering two or more of storage, packing, addressing and dispatch is a fulfilment service provider; a carrier that only moves freight or parcels is not (Article 3, point 12). It is only the fallback, and the Article 4 guidelines say it may refuse such products, so do not rely on it.

Not sure which applies? Try the 3-step compliance check.

Economic operator role checklist

For each product, write down whose name or trademark is on it: that is the manufacturer.
Check whether an EU-established company imports and sells the goods in its own name.
Note whether your EU warehouse or FBA provides two or more fulfilment services.
If there is no EU manufacturer or importer, mandate an authorised representative in writing for the Article 4(3) tasks.
Check the label: manufacturer, importer (if any) and responsible person each with name, postal and electronic address, none covering another.
Before reselling another brand, get the manufacturer and responsible person details and instructions, and check them.
If an EU buyer will rebrand your product, remind it that Article 13 makes it the manufacturer and agree in writing how you supply technical documents.
For CE-marked products, also check the economic operator duties in the sector law.

Common mistakes

Naming the OEM factory as manufacturer
Under Article 3, point 8, the manufacturer is whoever markets the product under its own name or trademark. For OEM goods that is the brand owner, so the label, technical file and listing should all name the brand owner. Naming the factory sends authorities to the wrong company and contradicts what you entered on the platform.
Treating Amazon or a customs agent as your importer
An importer must be established in the EU and place the product on the market itself. FBA is a fulfilment service, and the law does not specifically address customs agents, so neither can be assumed to carry Article 11 duties. If there is no genuine EU importer, mandate an authorised representative.
Expecting a distributor or platform to be your responsible person
Article 4(2) of Regulation 2019/1020 lists only EU manufacturers, importers, authorised representatives and fulfilment service providers. An EU retailer, wholesaler or marketplace cannot be the responsible person unless it also holds one of those roles, and it will not perform the Article 16 tasks for you.

Frequently asked questions

I run a trading company with no factory. Am I the manufacturer under GPSR?

Yes, if the product is sold under your name or trademark (Article 3, point 8). You carry the Article 9 duties: risk analysis, technical documentation, product identification and labelling. Your factory is a supplier, not the manufacturer in the legal sense.

My stock is in Amazon FBA. Is Amazon my importer?

You cannot assume so. An importer must be established in the EU and place the product on the market itself; with FBA Amazon stores and ships goods it does not own, which the Commission's guidelines treat as fulfilment services. Amazon's public GPSR announcement asks sellers to provide their own responsible person details.

An EU customer sells my product under its own brand. Who is the manufacturer?

The EU customer. Under Article 13(1), whoever places a product on the market under their own name or trademark is deemed the manufacturer and takes on Article 9. It will usually need your technical information, so put that in the contract.

I already have an EU importer. Do I also need an authorised representative, and whose names go on the label?

Not necessarily: without an authorised representative, the importer is the responsible person. If you also mandate an authorised representative for the Article 4(3) tasks, the Commission's guidelines treat it as the responsible person, and the label then shows the manufacturer, the importer (Article 11(3)) and the authorised representative (Article 16(3)).

Does my EU warehouse automatically become my responsible person?

Only where there is no EU manufacturer, importer or authorised representative, and only for the products it handles (Regulation 2019/1020, Article 4(2)(d)). Warehouses can decline to act for such products, so do not rely on this fallback.

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.