Importer as Manufacturer: When GPSR Duties Transfer
"I'm just bringing it in, the manufacturer is the factory in China" — this sounds logical, but under Regulation (EU) 2023/988 (GPSR), in force since 13 December…
"I'm just bringing it in, the manufacturer is the factory in China" — this sounds logical, but under Regulation (EU) 2023/988 (GPSR), in force since 13 December 2024, it can be wrong. GPSR contains a mechanism most Allegro sellers don't know about: in certain situations, the importer takes on the manufacturer's duties. In that case, it's you, not the factory in Shenzhen, who is responsible for the product's safety in full.
This article explains exactly when you step into the manufacturer's role, what that practically means, and how to prepare for it before an inspector does it for you.
Key takeaways
- GPSR requires an EU operator to be responsible for the product. A Chinese manufacturer outside the EU doesn't fulfil the manufacturer's duties under the regulation.
- When there's no manufacturer or authorised representative in the EU, the importer takes on the manufacturer's duties.
- You can also become the manufacturer when you modify the product or sell it under your own brand (private label / OEM).
- This means: risk assessment, technical documentation, warnings, declarations — all on you.
Three situations where you are the manufacturer
GPSR treats as a manufacturer not only the maker of a product, but also an operator that acts like one. For an importer from China, this covers three cases:
| Situation | Why you become the manufacturer |
|---|---|
| No manufacturer / authorised representative in the EU | Someone in the EU must be responsible — the duties fall on the importer |
| Selling under your own brand (private label) | You put your name/trademark on the product as its "manufacturer" |
| Substantial modification of the product | You change the product in a way that affects safety |
The first case is the default situation for almost every importer buying directly from China — because there's usually no EU operator between you.
Stepping into the manufacturer's role and don't know where to start?
GPSRReady gives you the manufacturer's full set of duties as ready-made templates: risk assessment, technical documentation, Polish warnings, a label, and a traceability procedure. Instead of building it from scratch, you fill in templates matched to your product category.
What you specifically must do as "manufacturer"
Stepping into the manufacturer's role is the widest scope of duties under GPSR. You must:
- Carry out a risk assessment — identify hazards and mitigating measures.
- Prepare technical documentation — a complete body of safety evidence, kept for 10 years.
- Ensure the product is safe — meeting the general safety requirement.
- Draft Polish warnings and instructions — based on the risk assessment.
- Mark the product — identification data, batch number.
- Respond to non-conformities — recall, reporting to Safety Gate, cooperating with authorities.
Private label / OEM — the own-brand trap
Many Allegro sellers order a product from China with their own logo, to build a brand. This is convenient from a marketing standpoint, but legally it means you become the manufacturer — because you place your name on the product as the operator putting it on the market under its own brand. You can't then hide behind the factory; full manufacturer responsibility is yours.
If you bring in a neutral (unbranded) product, it's easier to name the Chinese manufacturer and remain "just" an importer — though you still take on part of the duties when there's no EU operator.
Product modification — when your status changes
If you substantially modify a product in a way that affects safety (e.g. replacing the power supply, combining components, changing the intended purpose), you become the manufacturer of that modified version. Simple repackaging or adding Polish instructions isn't a substantial modification — but a technical rebuild is.
Importer versus manufacturer — a comparison of duties
The difference between a "pure" importer and an importer acting as manufacturer is significant:
- Importer: verifies the manufacturer's documentation, holds a copy, adds their own details, ensures Polish warnings.
- Importer as manufacturer: creates the risk assessment and technical documentation from scratch, since there's nothing to rely on.
More on the basic importer role: Importing from China under GPSR — seller's duties. On where to name the responsible operator: Allegro — local responsible operator (GPSR).
Frequently asked questions
Do I always become the manufacturer when buying from China?
In practice, very often, because there's usually no EU operator between you and the factory to fulfil the manufacturer's duties. When such an operator is missing, you take on the manufacturer's duties as importer. The exception is when you buy from an EU importer/distributor — then you remain a distributor.
Does adding Polish instructions make me the manufacturer?
No. Adding Polish instructions and warnings is an importer's duty, not a substantial product modification. You become a manufacturer for changes affecting safety, or when selling under your own brand.
Is selling under your own brand worth it despite the full responsibility?
That's a business decision. Private label builds brand and margins, but imposes the manufacturer's full duties: risk assessment, technical documentation, declarations. If you go for your own brand, you must consciously build complete documentation and set aside resources for it.
Who is responsible if a product bought from China causes harm?
If you took on the manufacturer's duties (no EU operator, own brand, modification), you are responsible. A consumer in the EU has the right to pursue claims against the responsible operator established in the Union, and the Chinese manufacturer is out of their reach.