Why should my Responsible Person be independent from my supply chain?

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Jason van de Zande

An independent responsible person is often the safest choice because it reduces conflicts of interest and keeps your EU compliance stable even if you change importers, distributors, or fulfilment partners. Under the General Product Safety Regulation (EU) 2023/988 (GPSR), the responsible person must be an EU-established economic operator that can hold key product safety documentation and cooperate with authorities. Below are the practical meanings of “independent,” the compliance benefits, and the common failure points when the responsible person sits within your supply chain.

What does an independent responsible person mean under the GPSR?

Under the GPSR, a responsible person is an EU-established economic operator designated to carry out specific product safety cooperation and documentation tasks for products placed on the EU market by a non-EU manufacturer. “Independent” means the responsible person is not your manufacturer entity, importer, distributor, fulfilment service provider, or an online marketplace operator, and is not commercially tied to selling your products.

In practice, an independent responsible person is typically a specialist compliance provider established in the EU, appointed under a written arrangement, and able to perform the responsible person tasks consistently across sales channels. The responsible person must be able to make required information and documentation available to market surveillance authorities on request, and its name and contact details must appear on the product, packaging, or accompanying documentation, as applicable.

Why is independence from the supply chain important for compliance and risk management?

Independence matters because it helps ensure the responsible person can make safety and compliance decisions without commercial pressure from sales, logistics, or margin concerns. When the responsible person is separate from buying, importing, warehousing, or retailing, it is easier to keep documentation access, authority communication, and corrective actions focused on legal obligations rather than business negotiations.

It also improves continuity. If you change distributors, switch fulfilment providers, or expand into new EU channels, an independent responsible person can remain in place, keeping your labelling and compliance contact point stable. Independence can also support clearer accountability when cooperating with authorities under the Market Surveillance Regulation (EU) 2019/1020 (MSR), including the responsible person’s duty to inform the manufacturer when there is reason to believe a product presents a risk (MSR Article 4).

  • Neutral documentation control, so files are available even during commercial disputes.
  • Faster authority cooperation, because the responsible person role does not compete with sales priorities.
  • More consistent corrective actions, including withdrawals or recalls, when needed.

What problems can arise if your responsible person is your importer or distributor?

If your importer or distributor acts as the responsible person, the most common problem is fragility: the responsible person role can disappear when the commercial relationship changes. That can force urgent relabelling updates, create listing interruptions on marketplaces, and leave you temporarily without an EU-based contact point for authorities.

Other practical failure modes stem from misaligned incentives and divided responsibilities. Importers and distributors already have their own legal obligations, and they may not want additional responsible person tasks such as maintaining documentation availability, responding quickly to authority requests, or supporting corrective actions that could affect their sales. If a safety concern arises, a commercial operator may delay decisions that reduce revenue, even when prompt action is needed to protect consumers.

  • Loss of responsible person coverage if you change importer, distributor, or route to market.
  • Documentation bottlenecks if the importer is reluctant to share technical documentation promptly.
  • Slower responses to market surveillance requests due to operational priorities.
  • Recall and withdrawal friction when commercial incentives conflict with corrective action.
  • Multi-channel complications if you sell both via distributors and direct to consumers, but the importer only covers part of the flow.

How EARP helps with an independent responsible person for GPSR compliance

With [COMPANY], we act as an independent EU-based responsible person so your compliance does not depend on your importer, distributor, or marketplace setup. We focus on the GPSR and MSR cooperation and documentation tasks, and we support non-EU manufacturers and sellers that need a stable EU compliance contact point.

  • Structured onboarding to confirm the presence and completeness of required product safety documentation
  • Secure technical documentation storage and controlled availability to authorities upon request
  • Liaison support with national market surveillance authorities, including handling information requests
  • Process support for corrective actions, including product withdrawals or recalls initiated by the manufacturer
  • Guidance on using our EU contact details on labelling, packaging, or accompanying materials where required

To review options, visit our services page, or contact us to discuss your products and sales channels.

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