Am I a manufacturer, importer or distributor under the GPSR?

Manufacturer, importer or distributor: it is about the action, not the label

Which role a business plays depends on what it actually does with the product, not on how it describes itself. Anyone who manufactures a product or has it manufactured and places it on the market under their own name or brand is considered a manufacturer. Anyone who is the first to bring a product from outside the EU onto the European market is considered an importer. Anyone who only resells or distributes a product without making any further changes to the product or its presentation is considered a distributor. This sounds straightforward, but the boundary often lies elsewhere than expected: anyone who sells products under their own name or brand is considered a manufacturer — including the web shop that only has a logo applied to a purchased product, and also anyone who substantially modifies a product. Many businesses that believe they are distributors often turn out to be manufacturers upon closer inspection.

This distinction is not without consequences, but it also works the other way: a distributor does not need to conduct a risk analysis or compile technical documentation — these are obligations of the manufacturer and importer. A distributor does have its own, lighter obligations, such as verifying that the required markings and documentation are present. Without a responsible party established in the EU — first the manufacturer, then the importer, then an authorized representative, then a fulfillment service provider — a product may not be offered; anyone in that chain who cannot identify who that responsible party is will be held accountable for it in practice.

Where this classification appears in the regulation

The definitions of manufacturer, importer, distributor, authorized representative and fulfillment service provider are set out in Article 3 of Regulation (EU) 2023/988. The obligations that apply per role are set out in Articles 9 to 12 of the same regulation.