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General Product Safety Regulation
(GPSR)
GPSR aims to ensure the Health & Safety of consumers within the European Union.
From the 13th of December 2024, all non-food products, being made available on the EU market must comply with new GPSR regulations. This includes all distance sellers, or those selling on marketplaces such as Amazon, Etsy or Zalando.
You will have to appoint a responsible person in the EU to continue to trade into the EU unless your product is exempt.
Please don't stop selling into the EU & Northern Ireland without talking to us first!
Prices start from €30.oo per month.
Contact or register with us now!
Traceability
Product Safety
Product and supply chain traceability is at the heart of GPRS, to ensure effective management of any consumer safety conserns, dangerous goods or product recalls.
Labeling
Contact information
The Contact details of the manufacturer and EU based Responsible Person must be visibly labeled on the product, packaging, or accompanying documentation to support product tracability.
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What is GPSR?The General Product Safety Regulation (GPSR) main aim is to enhance consumer protection by ensuring that all non-food products within the EU are safe, regardless of the sales channel. It also establishes specific obligations on businesses to ensure compliance. The GPSR replaces existing policies (GPSD - The General Product Safety Directive and Food Imitating Product Directive) to bring rules up to date with the rapid growth in digital commerce and enhance product traceability.
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When does GPSR come into force?GPSR comes into effect on the 13th December 2024 and effects all EU entities selling goods within the Union, as well as all non-EU business wishing to sell goods into the EU.
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Is it true that the new GPSR regulations only apply to products release after the 13th December?Unfortunately, it's not true. The rumour started on the internet with the incorrect interpretation of Article 51 of the GPSR Directive regarding the transitional period; Article 51 states; “Member States shall not impede the making available on the market of products covered by Directive 2001/95/EC which are in conformity with that Directive and which were placed on the market before 13 December 2024.” Putting Article 51 into English with some clarity; Member States shall not hinder making previously compliant products (under Directive 2001/95/EC) available on the EU market, where business activities have already been made, and where the individual product had been placed on the EU market, before 13th December 2024. This means products being placed on the EU market after the 13th December, which haven’t already been shipped or purchased, are required to be compliant with GPSR.
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How will this affect my business?The new rules will impact various businesses, such as manufacturers, retailers, EU-based importers, and online marketplaces. They don’t apply only to new products but also to repaired, used, and reconditioned products. The GSPR doesn’t replace other product-specific regulations but aims to serve as a ‘safety net’. The GSPR introduces new requirements in areas such as traceability to ensure transparency and product safety. These include: That businesses selling into the EU and Northern Ireland have a named point of contact on product safety (known as the ‘EU Responsible Person’) That products are traceable (for example, through a batch or serial number) in a way that is visible and accessible for consumers That businesses selling via an online platform verify compliance with GPSR requirements
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What products are excluded?· medicinal products for human or veterinary use · food · feed · living plants and animals, genetically modified organisms and genetically modified microorganisms in contained use, as well as products of plants and animals relating directly to their future reproduction; · animal by-products and derived products; · plant protection products; · equipment on which consumers ride or travel where that equipment is directly operated by a service provider within the context of a transport service provided to consumers and is not operated by the consumers themselves; · certain aircraft . antiques
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Do I need to appoint a Responsible Person?If you are based outside of the EU or Northern Ireland, it is mandatory to appoint a 'Responsible Person' from the 13th December 2024.
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Does it impact products that are not newly introduced?A crucial aspect to remember is that the GPSR is not limited to new products but also covers second-hand, repaired, reconditioned, or recycled items. It even applies to products initially designed for professionals but are increasingly being used by consumers – a trend we’re witnessing more frequently these days.
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What do I need to do to comply with the new regulations?Ensuring your products are safe for use as intended Displaying relevant safety information, labels and any required compliance marks (eg CE marking for toys) on all products listings Including safety information, contact details, product identification and instructions for use in all orders sent Contact details of the EU Authorised Representative, if applicable Keeping appropriate technical documentation for your products for 10 years after being placed on the market Cooperating with market surveillance authorities, if needed
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What type of product safety information do I need to include?You’ll have to display any applicable instructions, warnings for safe use and disposal, and safety information for the product you’re selling. This information must be presented in the local language of the country where your item is being sold. You can include an image (a pictogram, a symbol, or a label), a statement (safety warnings or chemical hazard warnings), a product manual, or any other document that contains this information.
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What does the Responsible Person need to do?The EU or Northern Ireland-based Responsible Person is responsible for specific tasks related to compliance and product safety, such as: Checking that the EU declaration of conformity, CE marking, and other technical documentations are in order, and providing them to the market surveillance authorities to demonstrate the conformity of the product Informing the market surveillance authorities about dangerous products and accidents through the EU Safety Business Gateway Cooperating with the market surveillance authorities and ensuring the necessary actions are taken to rectify any non-compliance issues Providing documented evidence of the checks that were performed, if requested by the authorities
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Who can be the Responsible Person?The Responsible Person can be one of the following and must be located in the EU or NI: The manufacturer An importer, if the manufacturer is not established in the EU or Northern Ireland An authorised representative of the manufacturer A fulfilment service provider if the manufacturer, importer, and authorised representative aren’t based in the EU or NI Economic Operator - any natural or legal person subject to obligations that concern the manufacturing of products, introducing products onto the market, or commissioning them under the applicable EU law.
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I don’t manufacture any products; I merely sell other branded products, how does this affect me?Under GPSR, by offering or placing a product on the EU market, you are deemed to be the manufacturer and inherit all of obligations of the manufacturer.
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What are my responsibilities as a manufacturer?You must ensure their products are safe before market launch. This includes conducting an internal risk analysis and creating technical documentation with a product description and essential safety characteristics. Where applicable, the technical documentation should include: - Analysis of possible risks and solutions, including test reports. - List of relevant European standards. You must identify and apply any partially applied European standards, health and safety requirements and identify the parts that have been applied. The technical documentation must be up-to-date and kept at the disposal of market surveillance authorities for 10 years after market launch. You must ensure procedures are in place to maintain product conformity with products produced in series to ensure they are still safe. You must ensure their products bear easily visible and legible identification elements, or provide the required information on packaging or accompanying documents, where size or nature prevents it. You must include your name, registered trade name or mark, postal and electronic address, and single contact point, if different, on the product or packaging. You must provide clear instructions and safety information in a consumer-understandable language, as determined by the Member State where the product is available. This requirement doesn’t apply where the product can be used safely without such instructions and safety information. If you believes a product you have placed on the market is dangerous, you must take corrective measures, such as withdrawal or recall, inform consumers, and inform market surveillance authorities in the affected Member States. You must also provide details about consumer health and safety risks, corrective measures, and available product quantities by Member State. You will inform other economic operators, responsible persons, and online marketplaces about safety issues you identify. You will make publicly available complaint channels, considering accessibility needs, for consumers to submit complaints and report accidents or safety issues with products. You will investigate complaints and information on accidents concerning their products alleged to be dangerous by complainants and keep an internal register of complaints, product recalls, and corrective measures.
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I sell on EU marketplace platforms like Amazon and ETSY, how will this affect me?You will have to adhere to the GPSR unless your product is exempt. It is possible you could face penalties or your products withdrawn if you fail to comply with the new regulations. These products are exempt due to other EU provisions and responsibilities. · medicinal products for human or veterinary use · food · feed · living plants and animals, genetically modified organisms and genetically modified microorganisms in contained use, as well as products of plants and animals relating directly to their future reproduction; · animal by-products and derived products; · plant protection products; · equipment on which consumers ride or travel where that equipment is directly operated by a service provider within the context of a transport service provided to consumers and is not operated by the consumers themselves; · certain aircraft . antiques
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How much does IOSS cost?Our fees are variable, depending on how many packages you send, so your IOSS plan grows with you and your business. And if you have a lean month, you’ll benefit from the reduced fee! Unlike most other IOSS intermediaries, we have no lengthy fixed-term contract, except for a three-month termination notice, which is a requirement of the One-Stop-Shop scheme.
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Is IOSS compulsory, when sending low-value packages to the EU?No, you can send your packages using DDP (Duty Delivery Paid), which means you must arrange and pay all import duties prior to shipping, but this is vastly more expensive than IOSS, and you have limited courier options. The Royal Mail for instance, only offers DDP to a limited list of EU destinations.
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What happens if I just send my packages to my EU customers without using special arrangement like IOSS or DDP?Not only is this disastrous for your brand, but it's also likely to infuriate your customer. You're also unlikely to receive any repeat orders or referrals! Your customer will be charged a customs fee on delivery, which in some cases is more than the value of the product. You can’t pre-warn your client of these custom charges, as you don’t know what they will be! Import VAT will be changed at the local rate. Where applicable, duty will be charged on the goods. For example, fashion items originating from China would typically have a levy of 12% duty applied. Your customer might refuse the product at pick up, once the full costs of the order become apparent.
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Are there any restrictions to using IOSS?IOSS compliant packages are for Business to Consumer (B2C) transactions only, those attempting to ship through the IOSS scheme to businesses (B2B) or even business premises, could be charged customs fees. IOSS cannot be used for any goods subject to excise duties like alcohol or tobacco.
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I have a Shopify platform; can you help me configure it for IOSS?Absolutely, not only will we send you a detailed guide to help you set-up Shopify, we’ll analysis your data for any errors and offering free telephone support if required.
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What happens when a clients order exceeds the IOSS €150 Threshold?You’ll need to set-up your eCommerce store to stop collecting taxes once the order is over the €150 threshold. For these consignments, you'll need to arrange alternative shipping methods than IOSS. We recommend shipping DDP, so unknown duty fees aren’t transferred to your client.
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Do I need my own IOSS number for selling on Amazon or eBay?When selling on marketplaces like Amazon, they are classed as the deemed supplier of the goods and are responsible for VAT collection and payments. They will provide you with their IOSS number for the goods sold on their platform. However, you will still require an IOSS number for EU sales from your own website platform.
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Do I need to register for IOSS with an Intermediary?For countries outside of the EU, you must appoint an EU based Intermediary. You can only register with one IOSS Intermediary in Europe to file your VAT obligations. As a Official EU Intermediary, we can handle your VAT returns in all 27 EU member states.
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I sell both physical and digital downloads from my website, how does IOSS deal with non-tangible goods?The IOSS scheme is for tangible goods imported into the EU only. Services and non-tangible products like music downloads require OSS (Non-Union scheme) registration to collect and report VAT obligation. We can register and report your VAT obligations for both IOSS and OSS. Please contact us to register for OSS.
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What does the IOSS threshold of €150 mean and how is it calculated?IOSS compliant packages cannot exceed €150.00. This is the total intrinsic value of the goods in the package, excluding VAT, insurance and shipping.
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Are VAT returns submitted quarterly?Unfortunately not. IOSS VAT returns must be submitted every month.
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How long does it take to get the IOSS number?Once we have completed your IOSS registration with the Dutch tax authorities, it normally takes less than 5 working days to receive your IOSS number.
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How do I register for IOSS?First, you'll need to register your details with us by completing our online registration form (https://www.euify.eu/ioss-registration). After completing and passing our KYC (Know-Your-Customer) procedure, we will register you for IOSS with the Dutch Tax Authorities.
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Do you have a fixed term contract?We don’t force lengthy fixed-term contracts on our clients. We believe that if the IOSS scheme isn’t for them, forcing clients to use the IOSS scheme could end up damaging the business, not growing it. We also believe that if you are unsatisfied with the service provided, you should be free to use another service provider. Please note that under the conditions of the IOSS scheme, a three-month termination notice is required.
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For on-boarding, what details and documentation do I need to I provide?For registration and the KYC (Know-Your-Customer) procedures, we need information about you and your business; Certificate of Incorporation, National Tax Reference, Proof of Taxable Activities and Director’s ID document. We may ask for additional documents if required by the KYC team.
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What is a POA, and why is it mandatory?A power of attorney is a legal document that allows someone else to act on your behalf. It continues to be effective even if the person creating it becomes incapacitated. It is mandatory.
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Do I need to pay a deposit?We do not normally require a deposit. However, we may require a deposit if a client has made late VAT payments or if the value of sales is particularly high.
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Will I receive a confirmation of my IOSS registration?Yes, you will receive a confirmation of your IOSS registration from the Dutch yax authorities (Belastingdienst). The confirmation will be in Dutch and English.
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Do I need an EU company?There are different routes into the EU, so an EU company isn't the only option, particularly if you only need partial access to the single market. If you exclusively sell goods valued at under 150 EUR to EU clients, then the IOSS scheme will suffice. Fiscal Representation can also be a good option for warehousing and distribution to ensure VAT compliance. However, for full access to the EU market, you need to set up an EU entity, so set it up in the optimal country to distribute your goods to the biggest single market in the world... on your doorstep! The Netherlands!
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Isn’t a separate EU company just for multinationals?No. The multinationals can look after themselves. Those companies big enough will transfer hundreds of jobs over to the EU. Euify is there for British SMEs, whatever services or goods you bring to the EU, we’ve got you covered.
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Is it possible to visit you in The Netherlands?Of course it is! We provide a full meet and greet service, and you are welcome any time at our offices in The Hague.
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Will I have full EU market access with a virtual EU office?The short answer is no. Whereas we can register you at flexible office premises deemed appropriate by the Dutch authorities as your company premises, in order to obtain a VAT number you will also need some effective board-level presence in The Netherlands, making your "virtual office" in fact a real office. EUify has considerable experience in offering effective board-level presence that will not only make your company compliant but will also enable the smooth running of its EU operations.
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Is a Virtual Office the solution?Postbox addresses are not considered as real and effective company premises by the Dutch authorities, you need as a minimum to be at a location that provides flexible working with full office facilities. Such locations are available as virtual offices but are of course more expensive than post office addresses due to the facilities they offer. EUify only incorporates companies at physical office locations, whether flexible offices or dedicated premises. Whilst a virtual office is sufficient for basic compliance purposes, real and effective presence on the ground - offered by EUify - is necessary for example to obtain an EU VAT number, which is critical for most businesses.
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Do I have to register for VAT (BTW) in the Netherlands?It's possible to have a Dutch company without a VAT number, but your trading options are extremely limited. If market surveillance compliance is your only consideration, then it may be enough. However, the possibility to take full advantage of the Single Market, with cross-border VAT simplification, is one of the main advantages of having your own EU entity, so normally you’ll want to be VAT registered, and for most goods and services it’s an obligation. Dutch VAT rates are in line with the European Union's VAT Directive, namely that the standard VAT rate must be 15% or higher. In the Netherlands the standard rate is 21%. Two additional rates apply to the provision of specific goods and/or services namely the 9% rate and the 0% rate (zero rate).
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Can I have a .eu domain name for my newly-formed company in the Netherlands?Since Brexit, the first sign that your business is up and running in the EU is an EU domain name. It signals to potential clients that you’re open for business on the EU market, and that you have an established presence there. Eligibility for a .eu domain name is one of the advantages of having an EU company. For those wanting to renew or buy top-level dot EU (.eu) domain names, we've got it covered!
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Do I need an EORI number?If your business is importing or exporting goods to or from the EU, the simple answer is yes, whether you establish an EU company or not. Both the sender and receiving parties must have an EORI number. Crucially, if you have an EU company in The Netherlands you will have a Dutch EORI number, and therefore a number of one the EU Member States, as opposed to a British one, which of course no longer is.
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Can I register a Dutch domain name for my newly-formed company?Of course! Although most of our clients prefer to continue trading with their current domain name and add an EU domain name unless they are specifically targeting the Dutch market.
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What is an EORI number?The EORI number is the “Economic Operators Registration and Identification” number. As part of administrative simplification in the EU, there is now a single identification number for businesses across the EU. The EORI number consists of two parts: the country code of the issuing Member State followed by a code or number that is unique in the Member State. EORI numbers for England, Scotland and Wales start with “GB”, Northern Ireland EORI numbers start “XI”, and Dutch EORI numbers start with “NL”.
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What type of company should I set up in the Netherlands?The Dutch equivalent of a UK private limited company is called a “Besloten Vennootschap met Beperkte Aansprakelijkheid”, more commonly known as a “Besloten Vennootschap” or BV. It is the most common form of incorporated business in the Netherlands. You can set up a BV as an individual or with others, in which case the ownership is divided into shares. We recommend this to most of our clients wishing to set up their business in the Netherlands.
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Can I register the company under the same name as my UK business?One of the benefits of setting up a company in the Netherlands, it that in most cases, company names are available to foreign companies. This is due both to relatively small size of the country (with a population of approximately 17 million people) and the fact that the primary language is used in domain registration is Dutch. We perform full checks on the company name you wish to register as well as related domain names.
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Do we need to have Dutch directors to set up a company in The Netherlands?Legally speaking, you can set up a company in The Netherlands without any Dutch Directors, or even any Netherlands-resident Directors at all. However, if you wish to obtain a VAT number, essential for full access to the EU Single Market, you will need a Netherlands-resident Director, although that Director may work on a part-time basis for a management fee.
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How long does it take to set up a Dutch Company?In The Netherlands, companies are incorporated by legal notaries who must perform full due diligence on their clients prior to any incorporation. How long this process takes of course also depends on the clients themselves in terms of submitting all documentation in a timely manner. At EUify our aim is to make the process as speedy and efficient as possible, working closely with the notaries and our clients. Where all documents are submitted on time the company can be incorporated within a month of payment to EUify.
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How often do I have to complete my VAT returns?As in the UK, Dutch VAT returns need to be completed quarterly. If you pay too much or not enough, you can request a tax return adjustment (limited to 5 years). We offer an inexpensive VAT return service to our British customers.
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Can you do all my EU business administration?Yes, we offer a complete EU business administration service so you can focus on sales, growth, and developing your business. You also have the option to outsource all or just parts.
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What about eCommerce in the EU?eCommerce is critical for modern businesses. EUify provides operational support to ensure your eCommerce platform is EU-compliant.
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Do you offer EU language services?We provide translation, locatlisation and interpreting services in every EU language as well as Chinese (others on request). For example, translation of all Dutch company documentation and correspondence from Dutch into English and vice-versa as well as translation of your website, sales materials and SEO into all other EU languages. Let us take care of your language needs so you can focus on selling!
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