Do You Need an Authorized Representative Under the GPSR?
The General Product Safety Regulation (EU) 2023/988 (GPSR) imposes strict requirements on consumer products placed on the European Union (EU) market as well as in Norway, Iceland and Liechtenstein. If you’re a non-EU manufacturer, you must designate an EU-based economic operator as your Responsible Person.
At EARP, we provide professional Authorized Representative and Responsible Person services under the GPSR for companies that want independent, non-commercial representation to meet these legal post market surveillance obligations.
ANSWERED ON THIS PAGE
- Do you need an Authorized Representative
- What is an Economic Operator
- What responsibilities the AR has under the GPSR
- Why EARP is the right choice for your business
Do I need an Authorized Representative?
If you are a manufacturer based outside the EU and you sell consumer goods to EU consumers, the GPSR requires you to appoint an EU-based economic operator, such as the importer, distributor, fulfillment provider, or authorized representative, to take on the responsibility of the Responsible Person to ensure regulatory compliance and enable market surveillance. Of these economic operators, the Authorized Representative is best suited to take on the role of the Responsible Person. This obligation also applies if your product is sold online (e.g., Amazon, eBay), fulfilled via a warehouse or 3PL, or drop shipped (distance sale) from outside Europe.
What is an Economic Operator?
The GPSR defines five types of economic operators (Article 3):
- Manufacturer
- Authorized Representative
- Importer
- Distributor
- Fulfillment Service Provider
One of these entities must assume regulatory responsibility for each product entering the EU market.
Depending on your distribution model, your importer, distributor or fulfillment center may not be willing or capable of taking on this role. In such case, the selection of an Authorized Representative such as EARP is your best option. As a professional Authorized Representative provider, EARP has already the needed regulatory experience to act as the Responsible Person.
For example, when you sell your product online from the US via Amazon to customers in France, you have no importer or physical distributor in the EU. In such case, you must appoint an Authorized Representative to meet GPSR Article 16 obligations.
What does the Authorized Representative do?
As defined in Article 10(2), the Authorized Representative does the following:
- Verifies the presence and completeness of technical documentation, declaration of conformity and labeling before your product is placed on the market for the first time
- Acts as the designated contact point for consumer safety inquiries and notifications
- Acts as a liaison between the manufacturer and member states’ surveillance and inspection authorities
- Keep technical documentation, declarations of conformity and other relevant records and documents for the products they represent for a period of at least 10 years after the product is placed on the market
- Provides support to the manufacturer in adverse event (accidents) reporting and product recalls
- In case of accidents or serious safety issues, the Responsible Person may be required to notify authorities directly (Article 20(4)).
Can I use an importer or 3PL (fulfillment center) instead?
You can but only if they are in the EU, and they explicitly agree to take on the role of Responsible Person and fulfill all duties under Articles 16 and 20.
Most commercial partners such as Importers, distributors or fulfillment centers will not take on these legal and regulatory obligations. Most often they are not willing or not organized to take on the responsibilities of the Authorized Representative and Responsible Person. Many of them are unaware of the requirements as stipulated in the GPSR and Market Surveillance Regulation (MSR) (EU) 2019/1020. Manufacturers most often prefer to work with an independent professional firm that is not commercially involved in the sales of their products but 100% focused and engaged in supporting them with post-market surveillance compliance.
That’s why many manufacturers turn to EARP. We provide a neutral, professional regulatory interface to help manufacturers meet these legal requirements without interfering with their supply chain.
What happens if I don’t appoint an AR?
Your product may be:
- Stopped at customs
- Prevented to be listed or be delisted from online marketplaces
- Subject to enforcement actions by EU authorities, including recalls or sales bans
Market surveillance authorities are actively enforcing GPSR compliance, including distance sales. The requirement to designate an Authorized Representative/Responsible Person becomes a legal necessity.
Why appoint EARP
EARP offers independent, professional representation services for non-EU manufacturers who must comply with the GPSR. We are trusted by manufacturers for the following reasons:
- Unlike distributors or fulfillment providers, we are not commercially involved selling your products and operate solely in your interest as a third-party representative ensuring regulatory compliance of your products and meeting your post market surveillance requirements.
- EARP mission is to support consumer product companies navigating EU product safety rules and regulatory obligations.
- EARP acts as your contact point for authorities and provides regulatory guidance and safety issue management and reporting where applicable.
To fulfill the obligations and responsibilities of the Authorized Representative and Responsible Person, EARP focusses on compliance, swift response to inquiries and adverse events, and provides regulatory clarity and support to you so you can focus on your product commercialization and customers. Read more about EARP’s representation services.
FAQs
Yes, as long as you have a written mandate in place in which your importer agrees to take on all responsibilities. obligations, and liabilities under Article 16. If they decline or are unaware of these duties, you are required to appoint an AR. You must weigh the pros and cons selecting an Importer or Distributor over an AR taking on the role of the Responsible Person.
When acting as the RP, the AR’s full legal name, postal address, and electronic contact address must be included on the product label, as required under Article 16(3).
A symbol is optional but not sufficient under the GPSR. Full contact details must appear on the product and/or packaging and/or in the instructions for use (Article 9(6)).
You must appoint an AR who will act as the RP. The GPSR applies regardless of how the product is sold, and online sellers are subject to the same legal obligations as traditional distributors (Article 4 and Article 16).
You must have a signed written mandate with the AR that outlines the product scope and confirms they are authorized to act on your behalf in the EU (Article 16(1)).
