What is the difference between a Responsible Person for CE products and non-CE products?

A responsible person for CE products is the EU-based economic operator required under certain EU harmonisation rules and the Market Surveillance Regulation (EU) 2019/1020 (MSR) to keep key conformity documents available and cooperate with authorities. For non-CE consumer products, the responsible person role comes from the General Product Safety Regulation (EU) 2023/988 (GPSR) and focuses on product safety documentation, traceability, and cooperation with authorities. The exact duties, documents, and labelling details differ by regime.

What is a Responsible Person for CE-marked products in the EU?

For many CE-marked product categories, a responsible person is the EU-based economic operator identified under the MSR and the relevant CE legislation to support market surveillance. This role is not the manufacturer; it is the EU contact point that can provide compliance evidence and cooperate with authorities during checks.

In practice, the responsible person for CE-marked products is typically one of these economic operators established in the EU: the importer, an authorised representative (when appointed), or a fulfilment service provider (in specific distance-selling setups). Core tasks usually include:

Keeping the EU Declaration of Conformity available for authorities.
Keeping, or making available, the technical documentation required by the applicable CE act.
Cooperating with market surveillance authorities and responding to information requests.

What is a Responsible Person for non-CE consumer products under the GPSR?

Under the GPSR, a responsible person is the EU-based economic operator designated (or determined by the supply chain) for consumer products that are not covered by CE harmonisation legislation. The role exists to ensure there is an EU contact point that can support authorities with product safety information and help ensure that required safety documentation is available.

Typical GPSR responsible person duties include:

Verifying that required product safety documentation exists and can be made available to authorities on request.
Ensuring the responsible person’s contact details are provided as required—for example, on the product, packaging, or accompanying documentation—and are often also reflected in online listings.
Cooperating with market surveillance authorities during checks and investigations.
Supporting safety-related communications, including recalls and consumer notification actions initiated by the manufacturer.

How do the legal duties and documentation differ between CE and non-CE Responsible Persons?

The difference is mainly the legal basis and document set. CE responsible person obligations are tied to specific harmonisation legislation plus the MSR, while non-CE consumer product obligations come from the GPSR. Both require an EU-based economic operator, but the conformity evidence for CE products is more formalised around CE assessment and the EU Declaration of Conformity.

Topic	CE-marked products	Non-CE consumer products (GPSR)
Scope	Products under EU harmonisation legislation requiring CE marking	Consumer products not covered by CE harmonisation legislation
Legal basis	Applicable CE directive or regulation, plus MSR Article 4	GPSR requirements for an EU-based responsible person
Key documents	EU Declaration of Conformity, technical documentation (technical file), instructions and safety information, traceability details	Product safety technical documentation as required by the GPSR, risk assessment approach, instructions and safety information, traceability details
Labelling and contact point	EU economic operator details must be available as required by the applicable regime	Responsible person contact details must be provided as required by the GPSR

Common misconceptions to avoid:

Authorised representative versus responsible person: An authorised representative is a separate role appointed by mandate under certain product laws, while “responsible person” is the MSR Article 4 economic operator concept and is also a GPSR concept for non-CE consumer products.
Importer or distributor automatically covers everything: An importer or distributor has its own obligations, but the “responsible person” requirement depends on the product regime and supply chain setup.
Risk notifications: Under the MSR, the responsible person must inform the manufacturer if there is reason to believe a product presents a risk and must cooperate with authorities, but the manufacturer remains primarily responsible for product compliance and safety actions.

When do you need an EU Authorised Representative instead of (or in addition to) a Responsible Person?

You need an EU authorised representative when the applicable product legislation allows or expects a manufacturer outside the EU to appoint one by written mandate—for example, in regimes such as medical devices, machinery, and personal protective equipment. An authorised representative is not mandatory in every regime, but a responsible person established in the EU is required for many products placed on the EU market through the MSR Article 4 mechanism and, for non-CE consumer products, through the GPSR.

Practical decision guidance:

If your product is CE-marked, check the specific CE act to see whether an authorised representative is used and what tasks can be delegated.
Confirm which EU-based economic operator will meet the MSR Article 4 “responsible person” requirement: the importer, authorised representative, or fulfilment service provider.
If your product is not CE-marked but is a consumer product, plan for a GPSR responsible person and ensure labelling and documentation access are set up before selling.

How EARP helps with responsible person requirements for CE and non-CE products

We help non-EU businesses meet EU market access obligations by providing independent services that cover responsible person needs across CE and non-CE product frameworks. Our support is designed to be practical and documentation-focused, so you can keep listings active and respond quickly to authority requests.

Responsible person and authorised representative coverage aligned with the applicable product regime
Structured checks for the presence and completeness of required product safety documentation
Technical documentation storage and controlled availability for market surveillance requests
Clear guidance on what contact details must appear on the product, packaging, or accompanying materials

Review our services, or contact us to confirm which role applies to your products and selling model.