EU responsible person for UK sellers: Article 4 and GPSR

EU responsible person for UK sellers: Article 4 of Regulation 2019/1020 and Article 16 GPSR explained

If your UK company sells consumer products in France, most of those products may only be placed on the EU market if an economic operator established in the EU is responsible for them. Since Brexit, a UK manufacturer does not qualify. You need an EU importer, an EU entity selling under its own name, an authorised representative appointed in writing or, failing those, an EU fulfilment service provider. That person's name, postal address and email address must appear on the product and on every online listing.

Updated: November 2026. Key provisions: Articles 4 and 5 of Regulation (EU) 2019/1020 (since 16 July 2021); Articles 16, 19 and 22 of Regulation (EU) 2023/988, the General Product Safety Regulation or GPSR (since 13 December 2024); Articles L. 521-1, R. 412-43-2 and R. 452-2 of the French Consumer Code (Code de la consommation).

This guide is for directors of UK companies selling in France or elsewhere in the EU, and for their French distributors and warehouses. Victoris is a Paris law firm; nothing here is advice on English law. All examples are fictitious. If you or a French partner have already received a request from the French authorities, see our page for a lawyer for DGCCRF and DDPP inspections.

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Two overlapping rules: Article 4 of Regulation 2019/1020 and Article 16 GPSR

Article 4 of Regulation (EU) 2019/1020: harmonised products

Regulation (EU) 2019/1020 of 20 June 2019 on market surveillance and compliance of products has applied since 16 July 2021 (Article 44). Article 4(1) provides that "a product subject to legislation referred to in paragraph 5 may be placed on the market only if there is an economic operator established in the Union who is responsible for the tasks set out in paragraph 3 in respect of that product." The list in Article 4(5) is closed. As originally adopted, it includes the directives on toy safety (2009/48/EC), low voltage electrical equipment (2014/35/EU), electromagnetic compatibility (2014/30/EU), radio equipment (2014/53/EU) and machinery (2006/42/EC), among others. As some directives are being replaced by regulations, check the consolidated text for each product line.

Article 16 GPSR: everyday consumer products

Regulation (EU) 2023/988 of 10 May 2023 repealed the General Product Safety Directive 2001/95/EC and has applied since 13 December 2024 (Article 52). French law refers to it directly: under Article L. 421-2 of the French Consumer Code, consumer products "satisfont aux dispositions du règlement (UE) 2023/988" (must comply with the GPSR). Article 16(1) GPSR extends the Article 4 mechanism to products covered by the GPSR: such a product may not be placed on the market unless an economic operator established in the EU is responsible for the tasks in Article 4(3) of Regulation 2019/1020. The list of eligible operators is the same. Article 16 adds periodic checks on the product (Article 16(2)) and the operator's email address among the mandatory details (Article 16(3)).

Which rule applies to your product?

Article 2(1) GPSR disapplies Chapter III, Section 1 (Articles 9 to 18, including Article 16) for products subject to specific requirements in Union harmonisation legislation. In practice, a product covered by a text listed in Article 4(5) follows Article 4 of Regulation 2019/1020, while a consumer product not covered by any harmonisation legislation follows Article 16 GPSR. Some sector rules, such as the Cosmetics Regulation, have their own responsible person. Because Article 3(27) GPSR defines harmonisation legislation by reference to Annex I of Regulation 2019/1020, which also lists texts covering a single aspect of a product (textile fibre labelling, REACH), borderline products need a case-by-case check.

Both regimes meet online: Article 19 GPSR, which is not disapplied for harmonised products, requires every online offer to show the responsible person under either text.

Why a UK seller cannot fill the role itself

A UK company that manufactures a product, or has it designed or manufactured, and markets it under its own name or trademark is a "manufacturer" under Article 3(8) of Regulation 2019/1020, but one established outside the EU. It cannot be its own EU operator, and selling only online does not change this. Under Article 4 GPSR, a product offered online is deemed to be made available on the EU market if the offer targets consumers in the EU, which is the case when the seller directs its activities, by any means, to one or more Member States. For harmonised products shipped directly from outside the EU to an end-user in the EU, the Commission's guidelines of 5 March 2021 on Article 4 are explicit: "If the manufacturer has not appointed an authorised representative, the product may not be offered for sale to EU end-users."

Who can be your EU responsible person?

An EU manufacturer

If an EU entity of your group markets the products under its own name or trademark, it is the manufacturer. The Commission's guidelines state that where a product is made outside the EU but an EU company markets it under its name or trademark, that company is considered the manufacturer, and there is then no "importer" within the meaning of the Regulation. The EU entity then takes on every manufacturer obligation, including recalls.

An importer (importateur)

An importer is a person established in the EU who places a product from a third country on the EU market (Article 3(9)). According to the Commission, products of non-EU manufacturers sold in shops in the EU are in principle placed on the market by an importer, which is then the Article 4 operator unless the manufacturer has appointed an authorised representative. In distance selling there may also be an importer, for example a business that offers the product online itself or sells it to a distributor who does. The answer depends on who buys, owns and first makes the goods available in the EU; where a French establishment stores goods designed by a foreign parent, it is not automatic and should be analysed before an inspection.

An authorised representative (mandataire)

The usual route for a UK seller with no EU entity. Article 3(12) of Regulation 2019/1020 defines the authorised representative as a person established in the EU "who has received a written mandate from a manufacturer to act on its behalf in relation to specified tasks". Under Article 5, the representative "shall perform the tasks specified in the mandate", must provide a copy of the mandate to the authorities on request, in an EU language they determine, and must "have the appropriate means to be able to fulfil their tasks".

Article 10 GPSR sets a minimum content for the mandate: supplying safety documents to the authorities, informing the manufacturer of risks, reporting corrective measures where the manufacturer has not, and cooperating. Once appointed in writing for the Article 4 tasks, the representative is the Article 4 operator, whatever the supply chain.

A fulfilment service provider, as a last resort

Where no manufacturer, importer or authorised representative is established in the EU, Article 4(2)(d) makes the EU fulfilment service provider the responsible operator for the products it handles. Article 3(11) defines it as a business offering at least two of the following services: warehousing, packaging, addressing and dispatching, without owning the products. Postal, parcel delivery and freight transport services are excluded. A French or Dutch warehouse shipping your orders can thus become your EU operator without planning to. The Commission says it should obtain the declaration of conformity and assurances of cooperation before accepting the business.

What the role does not transfer

Appointing a representative does not make it the manufacturer. Under the reference model of Decision No 768/2008/EC, the manufacturer's design obligations and the drawing up of technical documentation "shall not form part of the authorised representative's mandate". Under Article 9 GPSR, the manufacturer keeps the risk analysis, the technical documentation and its retention for ten years after the product is placed on the market, product identification and corrective action for dangerous products. The EU operator answers only for its own tasks, which are limited but enforceable.

What the EU responsible person must do

The four tasks in Article 4(3)

Where the applicable legislation requires a declaration of conformity and technical documentation, the operator verifies that they have been drawn up, keeps the declaration available to the authorities for the required period and ensures that the technical documentation can be provided on request. On a reasoned request, it gives the authorities all information and documentation needed to show conformity "in a language which can be easily understood by that authority". It informs the authorities when it has reason to believe that a product presents a risk, and it cooperates with them, including on immediate corrective action. Without up-to-date documents and a responsive contact at the manufacturer, it cannot meet an inspector's deadline.

The extra checks under Article 16(2) GPSR

For GPSR products, the operator must, where appropriate given the risks, periodically check that the product conforms to the technical documentation and that it carries the type, batch or serial number, the manufacturer's details and the safety information in the right language (Article 9(5) to (7) GPSR). It must be able to show the authorities documented evidence of those checks. A "letterbox" representative that forwards mail to the UK does not meet this requirement; it needs samples and dated records.

Labelling: product, packaging, parcel or accompanying document

The operator's name or trade mark and contact details, "including the postal address", must be indicated "on the product or on its packaging, the parcel or an accompanying document" (Article 4(4) of Regulation 2019/1020). Article 16(3) GPSR adds the email address. These details come on top of the manufacturer's own (Article 9(6) GPSR), so a UK product sold in France normally carries two sets of contact details. Under Article 12 GPSR, a French retailer must check these details before selling.

Two fictitious examples

A Leeds company designs kettles and hair dryers, made under its brand by a contractor, and sells them in France through its French-language website and two French retailers. These products fall under the Low Voltage and EMC Directives, both listed in Article 4(5), so the requirement comes from Article 4 of Regulation 2019/1020. The retailers, if they buy the goods and first make them available in the EU, are in principle importers; website orders shipped direct from the UK have no EU importer and, without a written mandate, do not comply.

A Bristol company sells high chairs and travel cots. These are not on the Article 4(5) list; if no harmonisation legislation applies to them, the requirement comes from Article 16 GPSR, and the representative must periodically check the products and the French-language warnings. If the same catalogue includes a baby monitor (radio equipment) or activity toys (toy safety), those items fall under Article 4 instead, with different checks.

Cosmetics have their own responsible person

Cosmetic products are governed by Regulation (EC) No 1223/2009, whose Article 4 provides for a "responsible person" distinct from the operator under Article 4 of Regulation 2019/1020 or Article 16 GPSR. French public health law targets that person directly: under Article L. 5431-7 of the French Public Health Code (Code de la santé publique), placing on the market a cosmetic whose container or packaging lacks one of the particulars required by Article 19 of the Regulation is punishable by a EUR 15,000 fine.

Selling online: product listings and marketplaces

What every listing must show (Article 19 GPSR)

Anyone selling online or at a distance must show, clearly and visibly, at least: the manufacturer's name or trade mark, postal address and email address; where the manufacturer is not established in the EU, the name, postal address and email address of the responsible person; information identifying the product, including a picture and its type; and the warnings and safety information in a language easily understood by consumers, as determined by the Member State where the product is sold. Inspectors can check this from their desk. For the wider French labelling rules, see our guide to product and price labelling rules in France.

Marketplaces: Article 22 GPSR and Article 30 DSA

Since 13 December 2024, Article 22 GPSR has required online marketplaces to let sellers enter, for each product, the Article 19 information, including the responsible person, and to display it in the listing or make it easily accessible. Marketplaces must act on an authority's order to remove a listing for a dangerous product without undue delay and within two working days at the latest, and must suspend, after a warning, sellers who frequently offer non-compliant products.

Article 30 of the Digital Services Act also requires marketplaces to collect the seller's identity, contact and payment details and a self-certification that it offers only products complying with EU law; the seller is liable for the accuracy of that information. In France, a marketplace that fails to meet these traceability obligations faces two years' imprisonment and a EUR 300,000 fine, which can be raised to 6% of worldwide turnover excluding tax for the previous financial year in the case of a company (Article L. 133-1 of the French Consumer Code). A UK seller that signs it with no EU responsible person in place makes an inaccurate statement and risks losing its listings.

Inspections and penalties in France

Who checks

Product checks are carried out by the DGCCRF (the French authority for competition, consumer affairs and fraud control) and its local offices, the DDPP (departmental directorates for the protection of the population). Article L. 511-12, 5° of the French Consumer Code expressly empowers their officers to record breaches of Articles 4, 5 and 7 of Regulation 2019/1020, and Article L. 511-11 covers breaches of Book IV of the Code, which refers to the GPSR. The Commission's guidelines confirm that authorities can contact the EU operator directly even if it is located in another Member State. The first request often lands on the French retailer or warehouse, which may never have received the documents. If one of your French partners is summoned (convocation), our article on why a DGCCRF or DDPP summons is not a formality explains what is at stake.

Administrative measures

After an adversarial procedure, officers can order a business to comply within a reasonable time (injonction), with a daily penalty of up to EUR 3,000 and a total cap of EUR 300,000 (Article L. 521-1). If the breach is found online and the seller is unidentified or ignores the order, Article L. 521-3-1 allows the authority to require platforms to display a consumer warning and, for the most serious offences, to delist content or block the domain name. In case of serious or immediate danger, the ministers concerned can suspend the placing on the market of a product for up to one year and require its withdrawal or recall (Article L. 521-17). These measures target the product and reach your French distributors.

Criminal penalties

Failing to inform the authorities of actions taken under Article 4(3)(c) of Regulation 2019/1020 is a fifth-class petty offence (contravention de cinquième classe) under Article R. 452-2, 3° of the French Consumer Code: a fine of up to EUR 1,500 for an individual and EUR 7,500 for a company (Articles 131-13 and 131-41 of the French Criminal Code), per offence. For the GPSR, Article R. 412-43-2 lists Articles 9 to 16, 18 to 20 and 22 of the GPSR, among others, as implementing measures of Article L. 412-1, and Article R. 451-1 punishes breaches of decrees made under Article L. 412-1 with the same fine. In our reading, selling a GPSR product without a responsible person, or without the Article 16 and 19 details, can be prosecuted on that basis.

The heaviest penalties, under Article L. 452-5-1 (five years' imprisonment and a EUR 600,000 fine, which can be raised in proportion to the benefit derived from the offence to 10% of average annual turnover), apply to manufacturers and importers that fail to take the required action on dangerous products under Articles 9(8) and 11(8) GPSR, and to marketplaces that breach Article 22(12). They do not target authorised representatives as such.

Appointing an EU authorised representative: what the contract should cover

The mandate must be in writing (Articles 3 and 5 of Regulation 2019/1020, Article 10 GPSR), and the authorities can ask for a copy, so draft it to be read by an inspector. It should identify the parties, the products covered (ranges, references and brands, ideally in an annex kept up to date), the legal basis (Article 4, Article 16 or both) and the tasks, which cannot fall below the legal minimum. The contract should also deal with the following points.

• The manufacturer delivers the declaration of conformity and technical documentation before the first sale, updates them whenever the product changes, and keeps them for the required period (ten years for GPSR technical documentation).
• The representative receives samples for the Article 16(2) checks, internal response times are shorter than the authorities' deadlines, and a named contact in the UK can supply test reports and certificates.
• Under Article 9(10) GPSR, the manufacturer must keep responsible persons and marketplaces informed of safety issues it identifies.
• Fees and insurance are left to negotiation, but the representative must have the "appropriate means" required by Article 5.
• On termination, the notice period must leave time to relabel stock, update listings and inform marketplaces, and the file must be handed over to the successor.

Governing law and jurisdiction for the contract are a separate question. If you already sell in France without an EU responsible person, regularising before the authorities ask is the least costly option, and the point at which a lawyer is most useful.

FAQ

Do UK companies need an EU responsible person to sell in France?

For most consumer products, yes. Since 13 December 2024, Article 16 GPSR has prohibited placing a GPSR product on the market without an economic operator established in the EU, and since 16 July 2021 Article 4 of Regulation 2019/1020 has imposed the same requirement for harmonised products such as toys, electrical equipment and radio equipment. A UK company therefore needs an EU-based importer, entity or authorised representative.

Is a GPSR responsible person the same as an EU authorised representative?

Not exactly. The "responsible person" is the operator required by Article 16 GPSR or Article 4 of Regulation 2019/1020. An authorised representative is one of the possible candidates, alongside an EU manufacturer, an importer and, as a last resort, a fulfilment service provider. For a UK seller without an EU entity, it is usually the authorised representative that takes on the role.

Does the EU authorised representative have to be based in France?

No. The texts require establishment in the EU, not in a particular Member State. A representative in Ireland, the Netherlands or Belgium can cover sales in France, and the French authorities can contact it directly.

Can my EU fulfilment centre or 3PL act as the responsible person?

Yes, in two ways. It becomes the responsible operator by default if it provides at least two of warehousing, packaging, addressing and dispatching without owning the goods, and no manufacturer, importer or authorised representative is established in the EU. It can also accept a written mandate as authorised representative. Either way, it will need your documents and a commitment to cooperate.

What details must appear on the label and on marketplace listings?

On the product, packaging, parcel or an accompanying document: the responsible person's name or trade mark, postal address and, for GPSR products, email address, alongside the manufacturer's details. Each online listing must also show a picture, product identification and safety warnings in the language set by the Member State of sale (Article 19 GPSR).

What happens if I sell in France without an EU responsible person?

The product does not comply. The DGCCRF or a DDPP can order you to comply under a daily penalty (Article L. 521-1), require warnings or other measures on online platforms (Article L. 521-3-1) and, in case of serious or immediate danger, suspend sales (Article L. 521-17). Several breaches are fifth-class petty offences, with fines of up to EUR 7,500 per offence for a company. Marketplaces may also remove your listings or suspend your account.

Conclusion

For a UK company, the EU responsible person is a condition for placing products on the EU market: Article 4 of Regulation 2019/1020 for listed harmonised products, Article 16 GPSR for other consumer products. The right structure depends on how your goods move and who invoices whom, and the mandate must give the EU operator the means to answer the authorities. Victoris can review your supply chain, draft or review the mandate and assist you before the French authorities.

Article written by Guillaume Leclerc, lawyer at the Paris Bar, 34 avenue des Champs-Élysées, Paris. Working languages: French and English.

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