Can my freight forwarder or customs broker serve as my Responsible Person?
A freight forwarder or customs broker usually cannot serve as your responsible person for EU consumer product compliance. Under the General Product Safety Regulation (EU) 2023/988 (GPSR), the responsible person must be an EU-established economic operator able to hold and provide product safety documentation and cooperate with market surveillance authorities. Freight and customs providers typically handle transport and clearance only, so they usually lack the mandate, documentation access, and willingness to take on product-law duties.
Can a freight forwarder or customs broker legally be your Responsible Person under the GPSR?
Usually not. The GPSR requires a responsible person established in the EU for consumer products placed on the EU market when the manufacturer is not established in the EU and no other qualifying EU economic operator is available. The role is about product safety compliance and cooperation with authorities, not logistics or customs clearance.
Freight forwarders and customs brokers generally act as service providers for shipping and customs formalities. They typically do not control the product’s compliance, do not maintain the technical documentation needed for market surveillance checks, and do not accept ongoing product-law responsibilities. Even when they act as a customs representative for import formalities, that does not automatically make them the GPSR responsible person.
If you are considering a logistics partner, ask whether they are established in the EU as an economic operator for product-law purposes, whether they will sign a written mandate covering GPSR tasks, and whether they can reliably store and provide documentation to authorities on request.
What does a GPSR Responsible Person have to do in practice?
A GPSR responsible person must be able to support compliance throughout the time the product is on the market. In practice, that means being continuously reachable in the EU, having access to the required product safety documentation, and being ready to cooperate with market surveillance authorities and support corrective actions when needed.
- Keep documentation available: verify that technical documentation exists and make it available to authorities upon request, in a language the authority can understand.
- Act as an EU contact point: provide a reliable EU address and electronic contact details for communications with authorities.
- Check required product information: confirm key safety and traceability information is present on the product, packaging, or accompanying documents, as applicable.
- Cooperate with authorities: respond to information requests and support inspections and investigations.
- Support corrective actions: help coordinate withdrawals, recalls, and consumer communications when corrective measures are required.
- Risk escalation: under the Market Surveillance Regulation (EU) 2019/1020 (MSR), notify the manufacturer if there is reason to believe a product presents a risk.
What is the difference between a Responsible Person, an importer, and an authorized representative?
These roles sound similar, but they are not interchangeable. A responsible person is a GPSR concept tied to having an EU-based economic operator that can perform specific compliance tasks. An importer is the EU entity that places a product from a third country on the EU market. An authorized representative is an EU-established entity with a written mandate from the manufacturer to perform defined regulatory tasks, and it is not mandatory in all cases.
| Role | Who it is | When it applies | Main focus |
|---|---|---|---|
| Responsible person | EU-established economic operator | Required under the GPSR when needed to ensure an EU economic operator is accountable | Documentation availability, cooperation with authorities, corrective action support |
| Importer | EU-established entity placing third-country goods on the EU market | When there is an EU importer in the supply chain | Product-law obligations tied to placing products on the market |
| Authorized representative | EU-established entity with a written mandate | Used when the manufacturer appoints one, often under harmonized product rules | Per-mandate regulatory tasks; can be designated as the responsible person |
Choosing the right setup depends on your sales model. Direct-to-consumer shipping and marketplace selling often mean you need a dedicated EU responsible person. If you sell through an EU importer or distributor that truly places the product on the market, that operator may be able to take on the role, but many will not want the added responsibility or continuity burden.
How does EARP help with GPSR Responsible Person requirements?
At EARP, we provide independent responsible person services designed for non-EU businesses that need a stable EU compliance operator under the GPSR. We focus on practical readiness for authority requests and marketplace checks.
- Structured onboarding to confirm your product scope and required information
- Document presence and completeness checks, aligned with GPSR expectations
- Secure documentation storage and fast retrieval for authority requests
- EU contact point support and cooperation with market surveillance authorities
- Support for corrective actions and compliance communications when needed
- Guidance for marketplace submissions where responsible person details are requested
Review our Responsible Person services, or contact us to discuss the right responsible person setup for your supply chain and EU sales channels.
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