EU MSR FAQ Fulfilment service providers

Article 4 creates a fallback chain for covered harmonised products: EU manufacturer first, importer if the manufacturer is outside the EU, authorised representative if the manufacturer has given the required written mandate, and then an EU-established fulfilment service provider for products it handles when none of those other EU operators exists.

That means a fulfilment provider is not automatically the Article 4 operator just because it stores or ships goods in Europe. The seller should confirm that the product is in Article 4 scope, identify whether an EU manufacturer, importer, or mandated authorised representative already exists, and use the fulfilment provider only as the Article 4 operator for the units it actually handles.

The MSR definition covers a natural or legal person that offers, in commercial activity and without owning the products, at least two of warehousing, packaging, addressing, and dispatching. The definition excludes postal services, parcel delivery services, other postal services, and freight transport services.

The Commission guidance describes fulfilment services as going beyond clearance, sorting, transport, and delivery. Where a business provides both fulfilment services and delivery or freight services, Article 4 matters only for the products handled by its fulfilment services.

The Article 4 operator must verify that required declarations and technical documentation have been drawn up, keep the declaration of conformity or performance available for market surveillance authorities, and ensure the technical documentation can be made available on request.

For a fulfilment provider, the practical problem is usually access. The Commission guidance says fulfilment providers will need arrangements with clients so they receive the declaration or performance declaration and cooperation assurances for technical documentation and corrective action before they agree to provide the service.