ALL FRONTIER GLOBAL NEXUS — FAQ SUPPLEMENT

EU GENERAL PRODUCT SAFETY

REGULATION (GPSR) — EU RESPONSIBLE PERSON

Frequently Asked Questions — For Indian Manufacturers and EU Importers

This FAQ answers the most commonly asked questions about the EU Responsible Person (RP) requirement under Regulation (EU) 2023/988 (GPSR) — who must be appointed, what the RP does, how to find one, and what happens if the obligation is not met. GPSR applies from 13 December 2024.

SECTION 1 — THE EU RESPONSIBLE PERSON REQUIREMENT

Q1. Does every Indian manufacturer exporting consumer goods to the EU need an EU Responsible Person?

Yes — under Article 16 of GPSR (Regulation (EU) 2023/988), consumer goods from non-EU manufacturers may only be placed on the EU market if a person established in the EU assumes the role of EU Responsible Person. For Indian manufacturers: if you sell B2B to an EU importer who places the goods on the EU market in their own name, the EU importer is typically the RP — no separate RP appointment needed. If you sell directly to EU consumers (e-commerce, online marketplaces) without an EU-established importer, you must appoint an EU Responsible Person or ensure the fulfilment service provider assumes the RP role. If you sell to an EU distributor who is not established in the EU (e.g. a third-country trading company), that distributor cannot be the RP — you need an EU-established RP.

Q2. Can the EU importer be the EU Responsible Person?

Yes — if the EU importer places the goods on the EU market in their own name or under their own trade mark, they are automatically the EU Responsible Person under GPSR. This is the most common arrangement for B2B India-EU trade. In this case, the Indian manufacturer does not need to appoint a separate RP — the EU importer assumes the RP obligations. However, the EU importer will require the Indian manufacturer to: provide all product safety technical documentation (test reports, safety assessment, product description); ensure products carry the manufacturer's name and address; ensure product traceability (batch/serial numbers); cooperate with any product safety investigation or recall. The Indian manufacturer remains responsible for product safety — the EU importer acts as the in-market compliance interface.

Q3. What if my EU buyer is a trading company, not an EU entity?

If your EU buyer is not established in the EU — for example, they are a UK company post-Brexit, a US company, or any non-EU entity — they cannot act as the EU Responsible Person. In this case, you (the Indian manufacturer) must appoint an EU Responsible Person who is: (a) an EU-established Authorised Representative appointed in writing by you; (b) an EU-established fulfilment service provider (if you sell to EU consumers); or (c) an EU-established importer (if another EU entity can be found to place the goods on the market). Many Indian manufacturers in this situation use a third-party EU Responsible Person service provider — a specialised firm that accepts RP obligations for a fee.

Q4. Are there products excluded from the GPSR EU Responsible Person requirement?

Yes — products fully governed by specific EU harmonisation legislation that achieves the same level of safety are excluded from GPSR for those specific aspects. Examples: CE-marked products (machinery under the Machinery Directive, electrical equipment under LVD, PPE, medical devices under MDR, toys under the Toys Safety Directive) have their own EU Responsible Person / Authorised Representative requirements under those specific Directives — the GPSR RP obligation does not add a separate requirement for CE-marked products. Food products are governed by EU food safety law (not GPSR). Pharmaceuticals are governed by the EMA/marketing authorisation framework. For these excluded products, the manufacturer must still comply with the specific Directive's Authorised Representative requirements — which are equivalent in function to the GPSR RP.

SECTION 2 — RP OBLIGATIONS IN DETAIL

Q5. What exactly must the EU Responsible Person do?

The EU Responsible Person's obligations under GPSR Article 16: (1) Verify product safety — confirm the product meets GPSR requirements and applicable EU harmonised standards. (2) Ensure technical documentation is available — product safety information retained and accessible to market surveillance authorities for 10 years. (3) Cooperate with market surveillance authorities — provide all documentation and information requested during a safety investigation. (4) Serious risk reporting — if the RP has reason to believe a product poses a serious risk, notify the market surveillance authority within 3 working days via the Safety Gate Business Gateway (safety-business.ec.europa.eu). (5) Corrective action — if a product is found unsafe, implement product recalls, market withdrawals, and consumer notifications. (6) Maintain complaint and incident register — record all consumer complaints and product incidents; make available to authorities on request. (7) Ensure RP contact details on product — the RP's name and contact address must appear on the product, its packaging, or accompanying documents in the language of the member state of sale.

Q6. Does the EU Responsible Person need to be in every EU member state?

No — one EU Responsible Person can cover all 27 EU member states. The RP only needs to be established (registered) in any one EU member state. However: the RP's contact details on the product must be in the language of the member state where the product is sold. If products are sold in multiple EU member states in different languages, the RP contact details should be provided in each relevant language — or a multilingual RP label can be used if space permits. Many third-party RP service providers are established in the Netherlands, Germany, Ireland, or Belgium — all good choices because of their multilingual capabilities and proximity to major EU trade hubs.

Q7. What information must appear on the product about the EU Responsible Person?

The following RP information must appear on the product or its packaging or accompanying documents: the EU Responsible Person's name (full legal name of the entity); the EU Responsible Person's contact address (registered EU address — a post box alone is insufficient; a real, physical EU address is required); optionally, additional contact details (website, email, phone). The information must be in the official language of the EU member state where the product is sold. This can be: printed on the product label; on a label attached to the packaging; in the instruction manual or user guide; on a leaflet enclosed in the packaging. Digital formats (QR code linking to an online RP contact page) are permitted under GPSR where physical space is insufficient — but a physical fallback (e.g. the instruction manual) must always be available.

SECTION 3 — FINDING AND APPOINTING AN RP

Q8. How do I find a third-party EU Responsible Person service provider?

Third-party RP service providers are available across the EU. Categories of providers: Regulatory consulting firms — specialised firms offering RP services as their primary business (e.g. CATO Research, Fimea Regulatory, Compliance Gate, and numerous similar firms across Germany, Netherlands, and Ireland). Testing, inspection, and certification companies — SGS, Bureau Veritas, Intertek, TÜV SÜD all offer RP/Authorised Representative services as part of their regulatory compliance portfolio. Law firms and IP firms with EU product compliance practices. When selecting an RP service provider: verify they are established (legally registered) in the EU — not just operating there; confirm they understand GPSR and the product category; clarify their process for serious risk reporting and recall management; confirm their insurance/liability coverage; get a written RP appointment agreement.

Q9. What does it cost to appoint a third-party EU Responsible Person?

Third-party RP service costs vary by provider and product category: Typical annual fee range: EUR 300–3,000 per product category per year. Simple consumer goods (general merchandise, household items): EUR 300–800/year. Regulated product categories (electronics, toys, PPE with CE marking): EUR 800–2,000/year. Complex or high-risk products: EUR 2,000–5,000/year. Some providers charge a one-time setup fee plus annual maintenance. The fee covers: accepting RP obligations; maintaining product file; being contactable by market surveillance authorities; providing the EU address for product labelling. It does not cover product safety testing, technical file preparation, or legal defence costs if a serious safety issue arises — these are additional costs.

Q10. What documents must I provide to the EU Responsible Person when appointing them?

When appointing a third-party RP, the following documentation package is typically required: (a) RP Appointment Agreement — a written agreement between the Indian manufacturer and the EU RP, specifying the scope of products, the RP's obligations, the manufacturer's obligations (providing safety information, cooperating with investigations), and the fee. (b) Product safety technical documentation — for each product: product description and specifications; list of applicable EU standards; test reports from accredited laboratory; risk assessment or safety assessment; Declaration of Conformity (if CE-marked) or equivalent product safety declaration; product labels and packaging artwork. (c) Manufacturer's details — full legal name, registered address, contact details. (d) List of products covered — product names, model numbers, HSN/CN codes, and EU market(s) where products are sold.

SECTION 4 — CONSEQUENCES OF NON-COMPLIANCE

Q11. What happens if an Indian exporter places consumer goods on the EU market without an EU Responsible Person?

Non-compliance with the GPSR EU Responsible Person requirement carries serious consequences: Market surveillance action — EU market surveillance authorities (in each member state) can order the immediate withdrawal of non-compliant products from the market; prohibit further sales; require the importer/distributor to notify consumers. Online marketplace delisting — online platforms (Amazon, Zalando, eBay) are required under GPSR to remove product listings that do not include EU Responsible Person details. A product missing RP information can be delisted — causing immediate loss of EU sales channel. Financial penalties — member states set their own penalty levels under GPSR. Penalties can be significant — in Germany, fines for product safety non-compliance can reach EUR 100,000 per violation. Reputational damage — a Safety Gate alert against a product (listing it as non-compliant or unsafe) is publicly visible and severely damages the brand. Customs refusal at EU border — customs authorities can block import of products that do not carry RP information.

Q12. If I sell through Amazon EU Marketplace, does Amazon act as the EU Responsible Person?

No — Amazon does not act as the EU Responsible Person for third-party sellers. Amazon's fulfilment services (FBA — Fulfilled by Amazon) make Amazon a "fulfilment service provider" under GPSR, which creates certain obligations for Amazon (monitoring Safety Gate, removing non-compliant listings). However, the GPSR compliance obligation — including appointing an EU RP and ensuring RP details are on the product — remains with the third-party seller (the Indian manufacturer or their EU-established importer). Amazon requires third-party sellers from non-EU countries to appoint an EU Responsible Person and provide the RP's contact details in their product listing and on the product itself. Non-compliance results in listing suppression. Indian sellers on Amazon EU must appoint an RP before activating their listings from 13 December 2024 — if not already done, this is urgent.

RELATED DOCUMENTS IN THIS LIBRARY

Doc 107 — FAQ Supplement: GPSR EU Responsible Person — All Frontier Global Nexus