Can a fulfillment service provider be a Responsible Person under EU law?

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Jason van de Zande

A fulfillment service provider can be the EU responsible person only in specific situations under the General Product Safety Regulation (EU) 2023/988 (GPSR) and related EU product rules. Simply storing, packing, or shipping goods does not automatically make a logistics provider the responsible person. The key questions are whether the entity is established in the EU, whether it qualifies as an “economic operator” for your product, and whether another EU-based operator (an importer or an authorized representative) already covers the role.

Can a fulfillment service provider act as the EU Responsible Person under the GPSR?

Yes, but only when the fulfillment service provider is an economic operator established in the EU and the legal framework for your product allows that operator to be designated as the responsible person. Under the GPSR and the Market Surveillance Regulation (EU) 2019/1020 (MSR), a fulfillment service provider can become the responsible person when no other EU-based economic operator is available for the product.

A fulfillment service provider is not “the responsible person” just because it handles logistics. In EU law, a fulfillment service provider is typically an entity that provides at least two of these services: warehousing, packaging, addressing, and dispatching, without owning the products. Postal services, parcel delivery services, and freight transport are generally excluded from that definition.

  • Check establishment: the responsible person must be established in the EU (or the EEA, where applicable).
  • Check the chain: if there is an EU importer, the importer usually fills the role first.
  • Do not assume: many warehouses will not accept the legal duties in their contracts, even if they qualify as a fulfillment service provider.

What legal responsibilities does an EU Responsible Person have for consumer products?

An EU responsible person is the EU-based economic operator that performs specific compliance and cooperation tasks for product safety. Under the GPSR, the responsible person must be able to provide product safety information and documentation and cooperate with authorities. The responsible person does not become the manufacturer and does not take over product design or production obligations.

  • Verify that required technical documentation and product safety information exist and can be made available.
  • Help ensure product identification and traceability information is in place (for example, manufacturer details, product type or model identifiers, and responsible person contact details, where required).
  • Cooperate with national market surveillance authorities, including responding to requests.
  • Provide documentation to authorities upon request, within the required timeframe.
  • Support corrective actions, including withdrawals and recalls, by facilitating communication and access to documentation.
  • Maintain reliable communication channels so authorities can reach the responsible person.

Under MSR Article 4, the responsible person must inform the manufacturer if it has reason to believe a product presents a risk. The responsible person is not responsible for notifying authorities of serious risks; that responsibility lies with the authorized representative when an authorized representative is appointed for those tasks.

What is the difference between a fulfillment service provider, importer, distributor, and authorized representative?

These roles are different “economic operators” with different triggers and obligations. Confusing them is a common reason marketplaces reject compliance submissions. The importer is tied to placing goods from a third country on the EU market, the distributor is tied to making goods available, the fulfillment service provider is tied to logistics services without ownership, and the authorized representative is appointed by a written mandate from the manufacturer.

Role What they do Typical trigger
Importer Places products from a non-EU country on the EU market An EU business brings goods into the EU supply chain
Distributor Makes a product available on the market without being the manufacturer or the importer A retailer or reseller offers the product in the EU
Fulfillment service provider Warehouses, packs, addresses, and dispatches products without owning them Cross-border e-commerce using EU warehousing and dispatch
Authorized representative Acts on the manufacturer’s behalf under a written mandate for defined tasks A non-EU manufacturer appoints an EU representative

Marketplaces ask for responsible person details because the GPSR and MSR require an EU-based economic operator for many consumer products, and platforms often enforce this at the listing level through label and documentation checks.

How does EARP help with EU Responsible Person requirements under the GPSR?

We help non-EU manufacturers, brands, and online sellers meet GPSR responsible person requirements by providing independent EU Responsible Person and EU Authorized Representative support designed for consumer product market access.

  • Structured onboarding to confirm your supply chain role mapping and required information.
  • Document presence and completeness checks focused on GPSR product safety documentation expectations.
  • Secure documentation storage and fast availability to authorities upon request.
  • Liaison support with market surveillance authorities, including cooperation and response handling.
  • Guidance on responsible person labeling and traceability details to reduce marketplace rejections.
  • Ongoing support for corrective actions, including coordination steps when a recall is needed.

See our services or contact us to discuss your products and set up an EU responsible person.

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