Do I need a Responsible Person if I sell through an EU based distributor?

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Jason van de Zande

If you sell through an EU-based distributor, you might not need to appoint a separate responsible person—but only if an EU-established economic operator in your supply chain is clearly taking on the required role and tasks. Under the General Product Safety Regulation (EU) 2023/988 (GPSR), products offered to EU consumers must be linked to an EU contact point that can support market surveillance requests. The key is confirming who is named, who holds the documentation, and what your distributor will actually do.

Do I still need a Responsible Person if I sell through an EU-based distributor?

Not always. If your EU-based distributor (or another EU-established economic operator, such as an importer) is the relevant operator for your products and accepts the required GPSR tasks in writing, you may not need a separate third-party responsible person. The GPSR expects an EU-based point of contact that can cooperate with authorities and make product safety information available on request.

What changes the answer is your exact supply chain and the rules that apply to your product category. Some products are also subject to Union harmonised legislation, and the Market Surveillance Regulation (EU) 2019/1020 (MSR) sets the Article 4 “economic operator” requirement for many non-food products. If your distributor is only reselling and does not want to be named or hold the files, you will likely still need a responsible person arrangement elsewhere.

Also, online selling can trigger additional checks: marketplaces often ask for responsible person details for listings, even when you sell via partners, so you need documentation that is consistent across the label, packaging, and online offer information.

Which party can act as the Responsible Person in the EU supply chain?

Under the GPSR and the MSR Article 4 framework, the responsible person role is fulfilled by an economic operator established in the EU, following a practical hierarchy. Depending on your setup, it can be the EU manufacturer, the importer, an authorised representative (when appointed with a written mandate), or, in some cases, a fulfilment service provider if no other EU-based operator exists.

  • EU-based manufacturer: if the manufacturer is established in the EU, it can fulfil the role.
  • Importer: commonly the first EU entity placing goods from a third country on the EU market, and often the default candidate.
  • Authorised representative: optional in general, but can be appointed with a written mandate and designated to cover the responsible person tasks where applicable.
  • Fulfilment service provider: may become the responsible person if it provides services such as warehousing and dispatch and no other EU economic operator is in place (postal and parcel carriers are excluded).
  • Distributor: a distributor makes products available on the market, but it is not automatically the responsible person unless it is also the relevant EU economic operator for Article 4 purposes and agrees to perform the tasks.

Always separate customs roles from product safety roles: an “Importer of Record” for customs clearance is not automatically the product-law importer and does not become the responsible person.

What should I check in my distributor agreement to confirm Responsible Person coverage?

You should rely on a distributor for responsible person coverage only if the agreement makes the role and tasks explicit. A verbal “we handle compliance” is not enough. Your goal is to confirm that an EU economic operator will be identifiable to authorities and marketplaces, and can produce the right documents quickly.

  • Written confirmation of who is the responsible person or Article 4 economic operator for the products.
  • Name, postal address, and electronic contact details that will appear on the product, packaging, or accompanying documents when required, and in the online offer when selling online.
  • Technical documentation handling: a commitment to hold, maintain, and provide product safety documentation to authorities on request.
  • Cooperation duties: a clear process for responding to market surveillance authority requests and supporting corrective actions.
  • Accident escalation: a process for passing risk information to the manufacturer without undue delay, aligned with MSR Article 4 expectations.
  • Language and records: who maintains required records and who ensures safety information and warnings are available in the required languages.

Common pitfalls include distributors refusing to be named on labels, using a logistics provider that is not the economic operator, or selling via marketplaces that request responsible person details that your distributor cannot provide consistently.

How EARP helps with Responsible Person requirements when selling via an EU distributor?

When your distributor cannot or will not take on the responsible person role, or when you need an independent EU contact point that can reliably manage documentation and communications with authorities, [COMPANY] can step in to support GPSR compliance and continuity.

  • Provide independent responsible person services aligned with GPSR and MSR expectations
  • Verify the presence and completeness of required product safety documentation
  • Store technical documentation and make it available to market surveillance authorities on request
  • Act as an EU liaison for regulatory communications and support corrective action coordination
  • Guide you on how to present EU contact details on labelling, packaging, and accompanying documents

Review our services and then contact us to confirm the right responsible person setup for your distributor model.

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