EU Responsible Person vs Authorised Rep Guide 2024

Understanding the EU Responsible Person Role

Key Legal Duties and Scope

The EU Responsible Person (EU RP) plays a critical legal role for non-EU manufacturers looking to place their products on the European market. This position was formalised and expanded under several EU regulations, most notably the General Product Safety Regulation (GPSR) and sector-specific directives like the Cosmetic Products Regulation (EC) No. 1223/2009 and the Medical Devices Regulation (MDR). In essence, the EU Responsible Person acts as the in-Europe legal representative tasked with ensuring that a product complies with all required EU legislation before it reaches the market.

The EU Responsible Person’s duties include keeping and presenting the technical documentation, cooperating with competent authorities, verifying continued product compliance, and executing corrective actions when risks are identified. They must be registered within the EU and be contactable by regulatory inspectors. Moreover, the Responsible Person’s name and contact information typically must be included on the product’s packaging or labelling, allowing direct communication from EU authorities and consumers alike.

Appointing an EU Responsible Person is not optional when mandated by law. Without one, non-EU manufacturers and private label sellers risk product delistings from platforms like Amazon. Appointing the right EU RP is not only a matter of legal compliance but also of brand protection and marketplace access. Learn more about EU Compliance for Amazon and DTC

What Is an Authorised Representative?

Regulatory Focus and Manufacturer Representation

While the EU Responsible Person focuses chiefly on product safety and regulatory compliance, the Authorised Representative (AR) takes on a broader mandate in regulatory matters, acting as the manufacturer’s official agent within the EU for specific directives like CE marking. As outlined in Regulation (EC) No. 765/2008, the AR possesses a mandate that allows them to represent the manufacturer in front of European market surveillance authorities. This includes obligations such as maintaining the Declaration of Conformity (DoC), storing technical documentation, and interfacing directly with regulators about non-compliance matters.

Importantly, an Authorised Representative is often specified for CE-marked products — such as electronics, toys, personal protective equipment, and machinery — where EU law mandates a point of contact within Europe. The presence of an AR on official documentation lends credibility and transparency, satisfying traders, customs, and online platforms like Amazon, which often require a visible compliance chain. The role of AR is limited strictly to the products and authority granted within the contract. Hence, a well-structured authorised representative agreement is necessary to ensure clarity of duties.

“The distinction between an EU Responsible Person and an Authorised Representative is vital — especially for CE-marked and safety-critical products destined for the EU single market.”

EU Law: Differences Between RP and AR

The primary difference between the EU Responsible Person and the Authorised Representative lies in the scope and the applicable product categories. The EU RP is most commonly required under the GPSR and Cosmetics Regulation, while the AR is essential for CE-marked products across various regulated sectors. Where the EU RP ensures the product’s safety and legal placement through vigilant documentation oversight, the AR acts as a representative liaison, often covering broader legal matters including affixation of the CE mark and communication with authorities.

Additionally, EU law draws clear distinctions in liability. An EU RP can be held liable for defective products not meeting safety standards, potentially facing legal penalties. The AR, in contrast, shares responsibility for regulatory non-compliance within the scope of the specific directives under which their mandate is governed.

When Does Amazon Require a Responsible Person?

Amazon’s internal policies have evolved over time to ensure that sellers supplying products into the European marketplace maintain full regulatory compliance. As a result, Amazon now enforces a stricter interpretation of EU regulations, demanding that non-EU sellers appoint a recognised EU Responsible Person for product types that fall under safety and CE-marking directives.

For instance, cosmetics, dietary supplements, and childcare products listed on Amazon marketplaces in Germany, France, Italy, and Spain often trigger mandatory EU RP verification. Without a verified responsible person, Amazon may suspend listings or require a compliance test report before allowing reactivation. This requirement aligns closely with the wider EU push under the Market Surveillance Regulation (EU) 2019/1020, which obliges marketplace operators to accept only compliant goods that have a designated responsible party within the Union.

Can One Entity Be Both: RP and AR?

Although the EU RP and Authorised Representative are legally distinct roles, it is fully permissible — and under certain circumstances practical — for the same legal entity to assume both roles. This practice is recognised as long as the individual directives and mandates are clearly demarcated within the contractual agreements and operational workflows.

Combining the EU RP and AR responsibilities into a single compliance service provider can harmonise communication, streamline compliance efforts, and reduce administrative overhead. However, doing so also concentrates legal liability, making it essential to work with service providers that possess proven legal and technical expertise across multiple regulatory domains.

Steps to Appoint an EU Responsible Person

Appointing an EU Responsible Person is a structured process. Firstly, determine whether your product falls under a regulation requiring an EU RP, such as cosmetics, food supplements, or certain GPSR categories. Once confirmed, the next step is identifying a reliable EU-based entity or compliance consultancy with the capacity and experience to fulfil the legal role thoroughly.

After selecting a partner, execute a formal EU RP agreement detailing responsibilities, liabilities, and communication protocols. The EU RP must then be listed on your product labelling in compliance with applicable law. Finally, be sure to provide rapid and unfettered access to all technical documentation — including test reports, safety files, and labelling proofs — so the EU RP can act if authorities demand evidence of compliance.

Documentation Requirements for Amazon EU Compliance

When selling on Amazon EU platforms, particularly from outside of the European Union, you will be required to shows strong documentation that proves compliance with applicable EU regulations. Typically, Amazon enforcement teams ask for several key documents, including technical files, a Certificate of Conformity, safety reports, and labelling proofs displaying the EU Responsible Person contact.

In addition, sellers may be asked to submit a scanned copy of the formal EU RP mandate signed by both parties. Cosmetics brands in particular must also include their Product Information File (PIF) and notify the responsible person within the Cosmetic Product Notification Portal (CPNP). Always ensure these documents are up-to-date and match the live product listing to avoid delisting or suspension. Read a related article

GPSR and CE Marking: What Sellers Must Know

The new EU General Product Safety Regulation (GPSR), which replaces the General Product Safety Directive (GPSD), elevates the importance of designating a Responsible Person for the majority of consumer products entering the European market. Under the GPSR, any product considered to present a reasonable level of risk must have a responsible economic operator — primarily an EU Responsible Person — to ensure safe distribution and recall capabilities.

For products that require CE marking, the compliance pathway may also require an Authorised Representative, especially when notified bodies or declarations of conformity are involved. As a seller, understanding whether your products are GPSR-governed or CE-marked will help you determine whether you need an EU RP, an AR, or both. Failure to comply may result in destroyed shipments, blocked accounts, or legal action by European surveillance authorities. Understand GPSR and EU representative roles

Combined Compliance Services: Pros and Cons

Opting for combined compliance services — where your provider simultaneously serves as EU Responsible Person and Authorised Representative — has its advantages. These include reduced cost, simplified documentation management, and a single point of contact for regulatory matters. Such packages are increasingly popular among SMEs selling on major platforms like Amazon and eBay.

Nonetheless, centralising compliance functions can blur responsibility lines, especially if the provider lacks robust legal knowledge in all relevant regulations. Additionally, some EU countries may scrutinise combined roles more heavily, especially where consumer safety is concerned. Always perform adequate due diligence and obtain references before appointing a multi-role provider.

Common Mistakes Non-EU Sellers Make

Many non-EU sellers mistakenly assume that freight forwarders or customs agents can act as their EU Responsible Person, but this is false and potentially non-compliant. Another common error is appointing a domestic consultant without an EU presence, which does not fulfil regulatory demands. Others fail to display the EU RP’s contact on labelling, risking rejection at customs or marketplace takedowns.

Also, sellers sometimes confuse the obligations of a Responsible Person with simple EU representation. This omission of defined legal mandates and technical documentation puts both their customers and brand reputation at risk. Stay informed, stay compliant, and seek professional guidance on appointing a proper EU RP.

Conclusion: Staying Compliant and Growing EU Sales

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Remaining compliant with EU regulations is no longer a bureaucratic afterthought but a foundational part of successful European commerce. Whether acting under GPSR, CE directives, or sector-specific regulations, your chosen EU Responsible Person must be capable, trustworthy, and formally mandated. Understanding the legal distinction between an EU RP and an Authorised Representative is essential for safeguarding your listings on Amazon and ensuring your products reach consumers without regulatory hurdles.

Ultimately, investing in the right compliance infrastructure allows your business not only to meet minimum standards but to build consumer trust — a vital asset in a competitive, regulated, and rapidly evolving international marketplace.

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