An Appointed Representative or Your Own Entity

A seller established outside the European Union satisfies the responsible person requirement in two ways: by appointing an authorised representative established in the Union, or by establishing an entity of its own. Both are legitimate, both work, and the right answer depends on where your business sits today and where it is heading.

This guide sets out how sellers usually decide.

What the regulation asks

The GPSR has applied since 13 December 2024 and covers every consumer product reaching the European market, whether through a physical shop, a webshop or a marketplace. It reaches manufacturers, importers, distributors, fulfilment service providers and the marketplaces themselves.

At its centre sits one structural requirement: for each product placed on the EU market there is a party established in the Union who answers for it. That party is the manufacturer where the manufacturer sits inside the EU, the importer where goods enter through one, or an authorised representative appointed for the purpose. Their name and contact details appear on the product or its packaging and in the online listing.

Article 16 gives the role real content. The responsible person verifies that the technical documentation and risk assessment exist and remain current, holds that documentation available for ten years, serves as the point of contact for market surveillance authorities, and cooperates where corrective action becomes necessary. Recall remedies offer the consumer a choice of at least two options among repair, replacement and refund.

Route one: an appointed representative

A third party established in the EU accepts a written mandate, holds your technical documentation and serves as the contact point for market surveillance authorities. Their name and address appear on your packaging and in your listings.

This route suits sellers testing the European market, sellers with a narrow product range, and sellers whose European volume remains a modest share of turnover. It is quick to arrange and light to maintain.

Two things stay worth understanding. Your compliance position rests on a third party's continued service and continued establishment, and your technical files sit with them. And the mandate covers the responsible person role specifically, so obligations such as import VAT, EPR registration per Member State and your commercial contracting each stay to be arranged separately.

Route two: your own Dutch entity

A Dutch BV places the role inside your own group. The entity acts as importer of record, holds the technical files under your control, and answers to the authorities in your own name.

Around that core, the same entity carries several things that a mandate leaves open:

• Article 23 import VAT deferment, moving import VAT to the periodic VAT return where it is declared and deducted in the same filing.
• EPR registrations under the Packaging Regulation, arranged per Member State from a single base.
• A European VAT number and EORI number, which simplify invoicing, customs and marketplace verification alike.
• A European counterparty for retailers and distributors, which shortens commercial negotiations.

How sellers usually decide

Three questions tend to settle it.

How large is Europe in your plan? Where European sales are exploratory, a mandate matches the commitment. Where Europe is becoming a core market, the entity route matches it better.

How many EU obligations do you carry? A seller meeting the GPSR alone has a narrow problem. A seller also facing packaging EPR, import VAT on regular consignments and European contracting has a set of problems that one entity resolves together.

Where do you want the technical files? Some businesses are comfortable with documentation held by a service provider. Others treat product documentation as core intellectual property and prefer it inside the group.

A common pattern is sequential: sellers begin with a mandate while they establish demand, then incorporate once European volume justifies the structure. Moving between the routes is straightforward, and planning the second step while arranging the first keeps the transition simple.

Setting up in the Netherlands

A Dutch BV is incorporated by notarial deed and registered with the Chamber of Commerce. Your company holds the shares, and incorporation runs remotely by power of attorney and entirely in writing. After registration the BV obtains its VAT number and EORI number and applies for the Article 23 licence.

Further reading: the EU responsible person under the GPSR and fiscal representation and Article 23.

Frequently asked questions

Is an authorised representative enough for GPSR compliance?

An authorised representative established in the EU, appointed by written mandate, satisfies the responsible person requirement. Obligations such as import VAT, extended producer responsibility per Member State and commercial contracting stay to be arranged separately.

When does an own EU entity become worthwhile?

Sellers usually reach that point when Europe becomes a core market rather than an exploratory one, when obligations beyond the GPSR accumulate, or when they prefer their technical documentation held inside their own group.

Can a seller switch from a representative to an own entity?

Yes, and many do. A common pattern is to begin with a mandate while establishing European demand, then incorporate once volume justifies the structure. Planning the second step while arranging the first keeps the transition simple.

What does a Dutch BV add beyond the responsible person role?

The Article 23 import VAT deferment licence, a European VAT number and EORI number, EPR registrations under the Packaging Regulation from a single base, and a European counterparty for retailers and distributors.