Reg. (EU) 2023/988 · Art. 9 Generate — €49

Does the GPSR apply to Amazon FBA private label sellers? Yes — and here is the article that proves it.

This question shows up in every FBA forum the week after Amazon starts sending compliance emails, and the answers are always a mix of confident wrong takes and cautious legal hedges. The actual answer is short: yes, the GPSR applies to every private label FBA seller placing products on the EU market, regardless of the founder’s country of residence, the size of the business, the number of SKUs or the marketplace used. The European Commission clarified this explicitly in its official FAQ published in December 2024.

Generate GPSR Technical File Free diagnostic: do you need GPSR documentation?

€49 per product · 10 minutes · 6-page PDF: technical file + EU Declaration of Conformity + printable label · 100% in your browser · Permanent PDF · 30-day edit window, up to 10 regenerations

Built on Regulation (EU) 2023/988·Article 9 internal risk analysis·EU Declaration of Conformity included·Printable product label·Data never leaves your browser

The legal chain in four steps

1

Scope of the regulation

Article 2 of Regulation (EU) 2023/988 defines the scope as “all non-food consumer products placed on the Union market”. There is no geographic carve-out for sellers located outside the EU. The regulation applies to the product’s presence in the market, not to the nationality of the entity selling it.

2

Who counts as a manufacturer

Article 3 defines “manufacturer” as any natural or legal person who manufactures a product, or has a product designed or manufactured, and markets it under their own name or trademark. When you put your brand on a product sourced from a factory in China, Vietnam or Mexico, the GPSR treats you as the manufacturer — not the factory.

3

No size threshold

The European Commission’s official FAQ on the GPSR, published in December 2024, confirms that the regulation contains no exemption based on business size. A sole founder with 8 products on Amazon DE has the same obligations as a corporation with 8,000.

4

Marketplace liability under Article 22

Article 22 places specific obligations on online marketplaces to verify seller compliance and to act on market surveillance requests. This is why Amazon is enforcing the GPSR on your listings — it is Amazon responding to its own legal exposure.

Three myths that keep circulating in FBA communities

❌ Myth 1 — False

“Only big brands need to comply.”

The European Commission FAQ is explicit: exceptions cannot be made based on the size of a business. A solo founder selling 12 SKUs on Amazon DE is subject to the same Article 9 documentation requirement as Xiaomi.

❌ Myth 2 — False

“If my factory has CE certificates, I am covered.”

CE marking and GPSR are separate tracks. The GPSR additionally requires an internal risk analysis conducted by the brand owner — which the factory cannot produce on your behalf, because under the GPSR the brand owner is the manufacturer.

❌ Myth 3 — False

“I only sell in one EU country, so my risk is limited.”

The GPSR is enforced by national authorities in all 27 member states plus Northern Ireland. A market surveillance authority in any member state can request documentation on any product listed for sale to consumers in that country. You are exposed to 28 potential enforcers, not one.

What an FBA private label seller actually owes

Technical file per SKU — Article 9 internal risk analysis, product description, EU Declaration of Conformity. GPSRCheck generates this in 10 minutes for €49.
EU Responsible Person — an EU-based economic operator designated under Article 16, with name and contact on the product label. Contracted separately, typically €150 to €300 per year.
Product label — manufacturer identification, EU Responsible Person contact, traceability data. The GPSRCheck PDF includes a printable label on page 6.
Safety Gate notification readiness — a procedure to notify member state authorities via the Safety Business Gateway if a safety issue is identified post-market.
Document retention — the technical file must be kept for 10 years from the date the last unit of the product was placed on the market.

What’s in the 6-page PDF

1

Product identification and traceability

Manufacturer name and address, EU Responsible Person placeholder, SKU, batch reference, product category.

2

Product description, intended use and foreseeable misuse scenarios

How the product is designed to be used, and what a reasonable user might do with it outside that scope.

3–4

Article 9 internal risk analysis

Hazard identification, likelihood and severity assessment, mitigation measures, residual risk statement.

5

EU Declaration of Conformity

Signed template referencing Regulation (EU) 2023/988 and any additional applicable directives (LVD, EMC, RoHS, toy safety, etc. as applicable).

6

Printable product label

Traceability block and EU Responsible Person placeholder, ready to print at 45×25 mm or scale up.

Every page is generated locally in your browser. Nothing is uploaded to our servers. The file is yours the moment you close the tab.

The technical file and the EU Responsible Person: two separate things

The GPSR has two distinct compliance layers for non-EU sellers, and vendors in this market often bundle them into one expensive annual contract. They don’t have to be bundled.

● Layer 1 — Article 9 (GPSRCheck does this)

The technical file

The documented internal risk analysis, the EU Declaration of Conformity, the product label with traceability data. This is the document Amazon Seller Central asks you to upload. GPSRCheck generates it in 10 minutes for €49 per SKU. One license per SKU. The PDF you download is yours permanently and does not expire. The license lets you regenerate the file up to 10 times within 30 days from first activation to correct details.

∅ Layer 2 — Article 16 (separate service)

The EU Responsible Person

Every non-EU manufacturer must appoint an EU-established economic operator as regulatory contact — a service, not a document. Typical pricing €150 to €300 per year. You can pick any provider and combine it with your GPSRCheck files. The PDF you download is yours to keep and is not tied to any Responsible Person contract.

The industry standard is to bundle both layers into a single annual subscription of €199 to €2,000, which means you cannot leave the vendor without losing access to your own documentation. We decouple the two on purpose: you own the document, you pick the Responsible Person separately, and if you ever change provider, your files travel with you.

Enforcement reality — the timeline that built this market

📅
1 April 2024 — Amazon begins enforcement

Amazon started suspending EU listings without a valid EU Responsible Person — eight months before the GPSR’s official entry into force. Amazon moved ahead of the regulator.

⚖️
13 December 2024 — GPSR enters into force

Regulation (EU) 2023/988 entered into force across all 27 EU member states plus Northern Ireland. Every non-food consumer product placed on the EU market must have a documented Article 9 internal risk analysis and an EU Responsible Person under Article 16.

Ten-day response window

When a market surveillance authority in any EU member state issues a reasoned request for the technical file, the economic operator has ten days to provide it. Missing this window is treated as a presumption of non-compliance and triggers listing removal, cargo detention or sales ban.

⚖️
National fines up to €100,000+

Member states are implementing national penalty regimes. Germany additionally imposes criminal penalties of up to one year of imprisonment. France allows proportional fines up to 10% of annual turnover. Italy, Spain, Netherlands and Poland have enacted comparable ranges.

🔒
Safety Gate — permanent public listing

Products flagged as non-compliant are listed publicly, by brand and model. Inclusion is permanent and searchable — the reputational damage outlasts any fine.

⚓️
Customs blockage at EU ports

Customs may detain shipments without valid GPSR documentation, accruing daily storage costs until documentation is produced or the shipment is returned.

Why GPSRCheck rather than a consultancy or an annual subscription?

 ConsultancyAnnual subscription platformGPSRCheck
Price€400–2,000 per product€199–600 per year€49 per product
Time to delivery3–15 business days48h onboarding + setup10 minutes
Billing modelQuote-based invoiceAnnual recurringOne payment per SKU · Permanent PDF · 30-day edit window
EU Responsible PersonIncluded in packageIncluded in packageSeparate (pick any provider)
Legal basisArt. 9 Reg. (EU) 2023/988Art. 9 Reg. (EU) 2023/988Art. 9 Reg. (EU) 2023/988
Data handlingSent to consultancyStored on vendor servers100% in your browser
PortabilityFile belongs to consultancyFile tied to subscriptionFile is yours, travel-ready

40 SKUs in your Amazon EU catalog? One file at a time is not a plan.

Need GPSR technical files at volume? For high-volume catalogues and special pricing, visit solidwaretools.com or email hello@solidwaretools.com.

Commercial enquiries
Commercial enquiries via solidwaretools.com or hello@solidwaretools.com

Frequently asked questions

Does the GPSR apply if I only ship from the US to EU buyers via FBA, and I am not registered as a business in any EU country?
Yes. The GPSR applies to the product entering the EU market, regardless of where the seller’s legal entity is registered. The seller’s nationality or tax residency is irrelevant.
My revenue on Amazon EU is under $10,000 per year. Am I exempt?
No. There is no revenue threshold in the GPSR. The European Commission FAQ confirms explicitly that exceptions cannot be made based on business size. The $10,000 threshold relates to EU VAT OSS — a separate tax rule with no connection to product safety law.
What happens if I ignore the Amazon compliance email?
Amazon moves the ASIN to suspended status. The listing becomes invisible to buyers. Inventory continues accruing FBA storage fees. Your organic ranking decays every day. Beyond Amazon, an EU market surveillance authority can independently request your technical file — you have 10 days to provide it.
My factory is ISO 9001 certified. Does that count as GPSR compliance?
No. ISO 9001 is a quality management certification for the factory’s internal processes. It says nothing about the safety of a specific product or about the GPSR’s Article 9 risk analysis obligation, which is a separate document owed by the brand owner.
Can I produce the technical file myself in Word from a template I found online?
Legally yes. Practically most FBA founders who attempt this hit the same wall: the risk analysis section requires an actual methodology (hazard identification, likelihood-severity scoring, mitigation mapping) and a Word template does not provide that.
How does GPSRCheck differ from the $2,000-per-SKU consultancies?
The consultancies typically do a multi-day engagement that includes lab test reports, a certification audit, and the written file. Their deliverable is broader than what the GPSR actually requires for most consumer products. For most private label FBA categories the Article 9 file that GPSRCheck produces is what both Amazon and EU authorities expect.

⚠️ Important notice: GPSRCheck is a self-assessment documentation tool, not legal advice and not a product testing service. The Article 9 technical file is generated from your input data. GPSRCheck does not provide the EU Responsible Person service.

Yes, the GPSR applies to you. Here is what to do about it.

6 pages. 10 minutes. Article 9 risk analysis + EU Declaration of Conformity + printable label. €49 per SKU, no subscription. Permanent PDF with a 30-day edit window.

€49 per product
6-page PDF · 10 minutes · €49 per SKU · 100% in your browser · Permanent PDF, 30-day edit window
Generate the Technical File
✓ Last regulatory check: 27 April 2026 · No substantive changes detected · View history