What is an EU responsible person and who can be one?

Without an identifiable EU responsible person, a product may not be offered

An EU responsible person is the party that is accountable within the Union for a product and that can provide the supervisory authority with the requested documentation. The regulation sets this out as a cascade: first, it is examined whether there is a manufacturer established in the EU. If not, then the importer comes into view — the party that places the product on the market from outside the Union. If no importer can be identified, then the role falls to the authorised representative appointed by the manufacturer for this purpose. And if that is also absent, the obligation falls to the fulfillment service provider that actually handles the product, unless that party can demonstrate that one of the other parties does exist and is reachable.

For an online retailer that sells products under its own name or own brand, this question is often already answered before it is asked: such an online retailer is itself considered a manufacturer, even if it is a purchased product with only its own logo applied. In that case, the online retailer is the EU responsible person, with all associated obligations. A distributor — who resells a product unchanged without attaching its name to it — does not have to assume this role; that obligation then lies with the manufacturer, importer or authorised representative. The tail of the cascade is where the risk lies: a fulfillment service provider that cannot identify who is responsible becomes so itself, and that is precisely why marketplaces and customs block a shipment or listing in case of doubt.

Where the cascade appears in the regulation: Article 16

This order — manufacturer, then importer, then authorised representative, then fulfillment service provider — follows from Article 16 of Regulation (EU) 2023/988, which determines which market participant is considered responsible for a product in the Union and when that obligation shifts to the next party in the chain.