New EBAY international shipping program - GPSR Query | Seller Central | eBay UK

New EBAY international shipping program - GPSR Query

Summary: liamtoretail inquired about the new eBay International Shipping (EIS) program and concerns regarding the General Product Safety Regulation (GPSR) when selling used clothing to EU countries. wheretheloveb shared similar concerns about the challenges of providing required details for vintage and collectible items. 4_bathrooms explained exemptions under GPSR for antiques and collectibles. The discussion touched on the difficulty of proving an item's status, potential misuse of commodity codes, and the impact on sellers. davrman noted the high costs of appointing an EU economic operator, while other participants discussed possible regulatory nuances and experiences, highlighting challenges faced by small sellers under these regulations.

Hi Everyone,

I just wanted to get peoples opinions/advice on a query I have regarding the New EBAY international shipping program that is being rolled out in August.

So I've never sold to other countries outside of UK during the last 4 years of selling on EBAY and just heard about the New EIS program that's coming in and being rolled out in August and it sounds really good, the only thing I'm concerned about is the GPSR regulations that apply to the EU countries. Just wondering has anyone had any issues with GPSR when selling to EU countries?. I'm probably going to look at switching off the EU countries but just wanted to get peoples opinions first. I only sell used clothing and I feel like its impossible to provide and apply GPSR information for used clothing.

There was a lot of confusion when the new GPSR regulations first came out in December 2024 but seems to have gone quiet since so just wanted to get peoples thoughts. Will others be looking at switching off the EU countries as well?

Any thoughts would be really appreciated.

Cheers

liamtoretail

1552 View listings

Posted 2 weeks ago · Edited 2 weeks ago·Last reply 1 week ago

20 comments

fribblecollectables

·1 week ago

There is also Article 51. If an older item was already available on the EU/NI market before 13 December 2024, it can continue to be resold without having to meet the new GPSR requirements.

So, for example, a set of 1950s cake forks that was already available on the market decades ago does not suddenly become subject to the new GPSR requirements just because it is listed on eBay in 2026.

4_bathrooms

·1 week ago · Edited

Article 51 is not the get-out clause most people believe it to be. Article 51 states:

"Transitional provision

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."

The "placed on the market" part has an important legal definition; it relates to an individual unit that was sold by a retailer, manufacturer, distributor, wholesaler etc. directly to a consumer (end-user) in the EU - each individual unit can only be placed on the market once. The full definition can be found in the EU's Blue Book here under section 2.3 (placing on the market).

Then in section 2.4 (Making available and placing on the market in case of distance and online sales) is this caveat:

"Some products outside the EU can be bought directly by end-users in the EU online or through other means of distance sales. Although these products are deemed to be made available in the Union prior to any transaction for the purposes of checks by market surveillance authorities pursuant to Regulation (EU) 2019/1020, they are placed on the market at the moment an order by an end user has been placed and confirmed for a specific product already manufactured and subject of the transaction, and ready to be shipped."

So anything sold by a non-EU established eBay seller to an EU end-user which isn't already physically located in the EU was "placed on the market" the moment it sold on eBay meaning GPSR will apply to the item.

fribblecollectables

·1 week ago

Thanks, that makes sense and I think that’s the distinction I had misunderstood.

What still seems extraordinary is that the same basic rules can apply to a small eBay seller offering an old household item from a clearance as to a large commercial importer bringing goods into the EU by the container load.

So a 1950s set of cake forks can potentially fall into the same regulatory framework simply because it is being sold commercially into the EU.

No wonder so many vintage and collectables sellers have decided it is easier just to switch the EU off.

4_bathrooms

·1 week ago

What still seems extraordinary is that the same basic rules can apply to a small eBay seller offering an old household item from a clearance as to a large commercial importer bringing goods into the EU by the container load.

The (protectionist) measures are entirely designed to target overseas businesses who sell to the EU market by exporting goods in small consignments. Whilst it would have made sense to employ the GPSR measures for high-risk items such as toys, electrical items, safety equipment etc. - i.e. anything requiring a valid CE mark - they were applied to virtually all physical goods with very few exceptions. In short almost any non-EU established business who wants to sell directly to EU consumers has to pay for the privilege to do so.

Also, if you think about the goods exempted under Annex IX - i.e. works of art, collectible items and antiques - they are mostly items you would expect to increase in value over time therefore having the potential to increase future revenue for the EU.

The GPSR measures are clearly not entirely about consumer protection although that is how they are dressed up - they are equally about market protection. The EU-based business importing container loads of goods at a time is not who is being protected from you - it is the EU-based curio shop who sells the same type of items as you do. That shop now has a significant advantage over you as they are not obliged to employ an EU-established authorised representative/responsible person so they don't need to consider the cost of doing so in their pricing.

theelench

·2 weeks ago

Unless I missed it, there's nothing about collectable glass less than 100 years old (antique). As most of the Art Deco Glass that I collected and am now selling isn't created by an artist (it's mostly moulded in a factory) and is also 'tableware' ie plates, bowls etc, dressing table vanity sets or lighting (lamps and lamp-shades) from the 1930s, I guess none of it's exempt although about 90 years old.

4_bathrooms

·2 weeks ago

Unfortunately none of those items would be exempt until their age surpassed 100 years.

davrman

·2 weeks ago

There was another thread about this recently here:

https://community.ebay.co.uk/forum/seller-central-14/topic/shipping-to-europe-as-a-business-seller-using-the-new-eis-51022/

...which quotes this text from the eBay UK terms and conditions:

"Where necessary, you are responsible for appointing an economic operator in the European Union for product safety obligations."

wheretheloveb

·2 weeks ago

Yes - 'appointing an economic operator in the EU' though costs £1000's. Just not financially viable for the average seller

wheretheloveb

·2 weeks ago

Interesting post, I'm having the same thoughts.

The announcement of GPSR had such a massive impact at the time but you hardly ever hear anything about it now ?

For those of us that sell vintage / collectable goods it's nigh on impossible to provide the details they ask for. I lost alot of custom from Europe because I had to switch off from selling there.

As the OP asks, it'd be interesting to hear from sellers who sell secondhand, although I think these boards are dying and no one seems to be engaging much anymore

4_bathrooms

·2 weeks ago

For those of us that sell vintage / collectable goods it's nigh on impossible to provide the details they ask for.

As per this Government guidance GPSR does not apply to antiques such as collectors' items or works of art (Annex IX exemptions). The exemption includes items defined in Annex IX to Council Directive 2006/112/EC and is defined in the GPSR thusly:

"Antiques, such as works of art or collectors’ items are specific categories of products which cannot be expected to meet the safety requirements laid down by this Regulation, and should therefore be excluded from its scope. However, in order to prevent other products from being mistakenly considered as belonging to those categories, it is necessary to take into account that works of art are products created solely for artistic purposes, that collectors’ items are of sufficient rarity and historical or scientific interest to justify their collection and preservation, and that antiques, if they are not already works of art or collectors’ items or both, are of an extraordinary age."

wheretheloveb

·2 weeks ago · Edited

Thanks for that. I'm kind of familiar with it but 'antiques' are generally (or strictly) defined as being over 100 yrs old.

It's a very grey area. How do you actually prove that what you're shipping is an antique, or work of art, or a collectable ?

The massive majority of secondhand / vintage sellers are selling items perhaps 20 - 50 years old where the manufacturers no longer exist. They're often interesting or collectable but wouldn't necessarily be classed as rare, valuable, or of importance.

4_bathrooms

·2 weeks ago

How do you actually prove that what you're shipping is an antique, or work of art, or a collectable ?

Works of art are broadly defined as "products created solely for artistic purposes". So drawings, paintings and sculptures that serve no other purpose than being a work of art. Annex IX Part A has specific definitions and commodity codes for works of art:

"(1) Pictures, collages and similar decorative plaques, paintings and drawings, executed entirely by hand by the artist, other than plans and drawings for architectural, engineering, industrial, commercial, topographical or similar purposes, hand-decorated manufactured articles, theatrical scenery, studio back cloths or the like of painted canvas (CN code 9701 );

(2) original engravings, prints and lithographs, being impressions produced in limited numbers directly in black and white or in colour of one or of several plates executed entirely by hand by the artist, irrespective of the process or of the material employed, but not including any mechanical or photomechanical process (CN code 9702 00 00 );

(3) original sculptures and statuary, in any material, provided that they are executed entirely by the artist; sculpture casts the production of which is limited to eight copies and supervised by the artist or his successors in title (CN code 9703 00 00 ); on an exceptional basis, in cases determined by the Member States, the limit of eight copies may be exceeded for statuary casts produced before 1 January 1989;

(4) tapestries (CN code 5805 00 00 ) and wall textiles (CN code 6304 00 00 ) made by hand from original designs provided by artists, provided that there are not more than eight copies of each;

(5) individual pieces of ceramics executed entirely by the artist and signed by him;

(6) enamels on copper, executed entirely by hand, limited to eight numbered copies bearing the signature of the artist or the studio, excluding articles of jewellery and goldsmiths' and silversmiths' wares;

(7) photographs taken by the artist, printed by him or under his supervision, signed and numbered and limited to 30 copies, all sizes and mounts included."

Collectors' items are defined in Annex IX Part B:

"(1) Postage or revenue stamps, postmarks, first-day covers, pre-stamped stationery and the like, used, or if unused not current and not intended to be current (CN code 9704 00 00 );

(2) collections and collectors' pieces of zoological, botanical, mineralogical, anatomical, historical, archaeological, palaeontological, ethnographic or numismatic interest (CN code 9705 00 00 )."

Antiques are defined in Annex IX Part C:

"Goods, other than works of art or collectors' items, which are more than 100 years old (CN code 9706 00 00 )."

So, pretty much anything that has a commodity code starting 5805, 6304, 9701, 9702, 9703, 9704, 9705 or 9706 would be exempt. The commodity code would be declared on the CN22/CN23 or other customs declaration.

wheretheloveb

·2 weeks ago

Yes but how do you actually 'prove' that your item falls into those categories ? Unless there's a person somewhere ripping open parcels to inspect the goods and then consulting all the small print......

Also, the majority of secondhand stuff would not fall into those categories, therefore making the whole exercise of selling to the EU completely unworkable

4_bathrooms

·2 weeks ago · Edited

Yes but how do you actually 'prove' that your item falls into those categories ? Unless there's a person somewhere ripping open parcels to inspect the goods and then consulting all the small print......

It is done by the commodity code which is provided to customs electronically for packages worth €150 or less and appears on the (external) customs declaration paperwork for packages worth more than that.

Also, the majority of secondhand stuff would not fall into those categories

Correct, second-hand goods that are not "antiques, works of art or collectors' items" are expected to meet the same safety standards as new goods unless they are being sold as damaged goods requiring repair.

wheretheloveb

·2 weeks ago

Correct, second-hand goods that are not "antiques, works of art or collectors' items are expected to meet the same safety standards as new goods unless they are being sold as damaged goods requiring repair....

so in theory we could just indicate the item needs repair (even if it doesn't) ..... or give it a different commodity code to bring it within the exempt categories