What is the GPSR?
The General Product Safety Regulation (EU) 2023/988 replaced the General Product Safety Directive and has applied since 13 December 2024, without a transition period. It covers consumer products that are not covered by more specific EU safety rules, and many of its obligations also apply to products with CE marking, for example the rules on the EU responsible operator, traceability and online sales.
Because it is a regulation, the same text applies in all EU countries. A responsible person established in Poland covers sales in Germany, France or any other EU country.
Article 16: no EU operator, no sale
Article 16 of the GPSR states that a product may only be placed on the EU market if there is an economic operator established in the EU responsible for the tasks set out in Article 4(3) of the Market Surveillance Regulation (EU) 2019/1020. This operator can be:
- a manufacturer established in the EU;
- an importer — an EU company that brings the product into the EU from outside;
- an authorised representative appointed by the manufacturer with a written mandate;
- a fulfilment service provider in the EU, where none of the above exists.
In practice: if your European buyer imports the goods in its own name and accepts the importer’s role, it can be the responsible operator. If you sell to many small buyers, sell on marketplaces, or deliver duty paid (DDP) so that nobody in the EU acts as importer, you need an authorised representative.
What is an “EU representative” (欧代), and how is it different from a sales agent?
Chinese factories often use the word 欧代 for the EU authorised representative. It is a legal role, not a sales role:
| EU authorised representative / responsible person | Sales agent or distributor | |
|---|---|---|
| Purpose | Contact point for EU market surveillance authorities | Finding buyers and selling |
| Where established | Must be in the EU | Anywhere |
| Legal basis | GPSR Article 16, Regulation 2019/1020 Article 4, written mandate | Agency or distribution contract |
| Main tasks | Keep documents, answer authorities, report risks, help with corrective action and recalls | Offers, negotiation, orders, customer service |
| Name on the product | Yes | Not required (unless it is also the importer) |
A company in China, even one called an “EU agent”, cannot take this role. A post-box address in the EU is also not enough: the authorities expect a real company that answers, holds the documents and can reach the manufacturer.
What the responsible person must do
Under Article 4(3) of Regulation 2019/1020 the responsible operator must:
- keep the EU declaration of conformity (where one exists) and the technical documentation available for the authorities;
- provide information and documents to an authority on request, in a language the authority understands;
- inform the authorities when it has reason to believe a product presents a risk;
- cooperate with the authorities on action to remove or reduce risks, including recalls.
Under the GPSR the manufacturer keeps its own duties: an internal risk analysis, technical documentation, traceability, instructions and safety information, and a way for consumers to report problems.
Labelling under the GPSR
Each product needs:
- a type, batch or serial number or other element that identifies it;
- the manufacturer’s name, registered trade name or trade mark, postal address and electronic address;
- the name and contact details of the EU responsible operator;
- warnings and safety information in a language easily understood by consumers in the country of sale.
The information goes on the product or, where the size or nature does not allow it, on the packaging, the parcel or an accompanying document. Plan the label artwork before production, because adding stickers in an EU warehouse costs time and money.
Online listings: Article 19
When products are offered online or by other distance sales, the listing must clearly show: the manufacturer’s name and contact details; if the manufacturer is outside the EU, the name and contact of the EU responsible person; information to identify the product, including a picture and its type; and warnings or safety information in the language of the country. This is why Amazon, Allegro, Kaufland and other marketplaces ask for the responsible person’s details when you list a product. Missing data can block or remove listings.
Who can be the responsible person in Germany?
Factories often search for a “German authorised representative”. Under the GPSR any operator established in an EU country can be the responsible person for sales in all EU countries, including Germany. National registrations are a separate topic: packaging (LUCID in Germany) and electrical equipment or batteries usually require registration in each country, sometimes with a local authorised representative.
Step by step: setting up a responsible person
- List your product ranges with photos, labels and existing documents.
- Check which rules apply to each range: GPSR only, or also CE rules, REACH and others.
- Review the documents: risk analysis, test reports, declaration of conformity, instructions.
- Fix the gaps: missing tests, warnings, translations.
- Sign a written mandate that lists the products, the tasks, how you provide documents and how incidents are handled.
- Update labels and listings with the responsible person’s name and address.
- Keep it up to date: new products, changed materials and new rules.
How to choose a provider, and what it costs
Ask a provider:
- Is it a real company in the EU with an office and staff who answer authorities?
- Does it review your documents before accepting the role, or does it only rent an address?
- What happens in an incident: who informs whom, within what time?
- Does it have liability insurance and a recall procedure?
- Which products are covered, and how is the fee calculated?
The supplier Fivex estimates the market price of an external GPSR responsible person at around €500–2,000 per year, depending on the product and scope; this is a provider’s estimate, not a legal rate. Our own EU Compliance package starts from €900 one-off for the review and setup, plus from €40 per month per product range.
Checklist
- Responsible operator in the EU identified: importer, authorised representative or other
- Written mandate signed, if you use an authorised representative
- Risk analysis and technical documentation per product
- Labels with product ID, manufacturer and EU operator details
- Warnings and instructions in the languages of the countries of sale
- Online listings updated with the same information
- Incident and recall procedure agreed in writing
Common mistakes
- Printing the address of a Chinese export agent or a forwarding address as the “EU representative”.
- Appointing a responsible person by e-mail only, with no written mandate listing the products.
- Using one responsible person on the label and another in the marketplace listing.
- Assuming that a product with CE marking needs nothing under the GPSR. The rules on the EU operator, traceability and online information also apply.
- Not telling the responsible person about new models, new materials or customer complaints. The responsible person can only act on information it has.
- Waiting until a marketplace blocks the listing. Setting up the role, checking documents and changing labels takes weeks, not days.
How we can help
Our company EnjoyGroup Sp. z o.o. in Poland can act as the GPSR responsible person for your product ranges after reviewing your documents. We do not issue certificates, and we decline products that cannot be made safe under EU rules. See GPSR responsible person and packages and prices.
