GPSR - COLLECTABLES OVER 100 YEARS OLD - ANTIQUES AND VINTAGE QUERY

[moonspender]

So looking at the FAQ's GPSR applies to items categorised as Collectibles., however above it says that antiques are excluded from GPSR so in the collectables section when listing an item if asks in the item specifics is the item antique ? If you say yes does this exclude the item from the GPSR regs ?

Also there must be millions of items that are vintage. For example we have quite a few photos we sell from the 1930's, took by an individuals, no makers name on them, can we no longer sell these to the EU ? if so thats insane.

[stampsnallsorts]

Just got a very useful answer from eBay Customer Services this morning July 24th. NOTE The para refering to goods supplied to EU BEFORE 13 December 2024.

Hello David,

Thank you for contacting eBay Customer Service in regards to the General Product Safety Regulation (GPSR) . My name is Fiona, and I do hope this message finds you well.

Firstly, I would like to thank you for your patience in regards to me finding out more information into your queries about this legislation applying to your stamps that you sell on the platform.

eBay has categories dedicated to vintage and antique items. In many categories, you can also provide a Year of Manufacture or Year of Publication item specific.

Model, product, serial, or batch numbers along with EAN or UPC can be used to identify specific products or product runs along with brand or manufacturer details. You should find the appropriate product identifiers for your listing category in the item specifics area.

The law does not provide any exceptions for products that were made by a person/entity that no longer exists.

The GPSR will come into force on December 13th, 2024. Products that were first supplied for distribution, consumption, or use on the EU market (in the course of a commercial activity) prior to Dec. 13, 2024, are exempted from GPSR, as long as they conform with Directive 2001/95/EC.

Providing any information that you have can also help your buyers make an informed decision.

As mentioned, I have also shared your feedback with the designated team about your concerns as your feedback is very important to us.

I trust that this is sufficient and I resolved your query today.

Thank you for contacting eBay Customer Service, and for your continued business. I hope you have a great day.

Kind regards,
Fiona
eBay Concierge

[devon_collectables]

You think the "prior to Dec. 13, 2024" means any items listed before then are exempt? Or that as long as you claim/prove purchase before then then you don't have to comply with GPSR?

[bravergrace]

I think "first supplied for distribution, consumption, or use on the EU market (in the course of a commercial activity) prior to Dec. 13, 2024" probably refers to the sale - so it means "sold before" or "dispatched before" or "imported into the EU before" December the 13th, with the intention of allowing the Christmas post to clear, and starting enforcement in January.

[twofourdeltasurplus]

its not just medals they hold back for 24 hours, I have been suffering the same thing as well, even when doing auctions, once in  ablue moon something will actually go live when I click the list button, but not very often.

As for sales to Europe & NI, well Europe is pretty much dead in the water anyhow so no great loss there, and NI gets the "remote" charge for postage, so not really fussed, even though I do get alot of sales from NI.

Just dont think skipping over the posts and info about it, as a sole trader it is worth the hassle & stress, so will turn the tap off closer to the date, most listings I am doing now I have blocked them.

[ojewellery]

Going down a rabbit hole of reading all sorts of things I don't really understand on this I came across export licences for antiques and thresholds.  Something that comes up with Open General Export Licence (OGEL's) for antiques and collectibles its items over 50 years old that are covered.  (Sources arts council England export licencing and The British Antique Dealers association)

Not sure if it bares any relevance to this, but as the export licence and similar thresholds for antiques and collectibles appears to be used in Europe as well as UK I wondered if it sets a precedent for Antiques and collectibles to be items over 50 years old.

[ebeegeebees2006]

Looking at eBay's general guidance on this, I am interpreting this as:

1. You can sell antiques (over 100 years old) to the EU and Northern Ireland with no additional information, manufacturer etc., required.

2. You can sell other vintage items (20 to 99 years old) to the EU and Northern Ireland that were originally made in the EU and Northern Ireland if you include the manufacturer's address on your listing.

3. If a vintage item was made outside of the EU and Northern Ireland you cannot sell it to these areas without appointing a representative in these areas. This means that you cannot sell, for example, a vintage Scottish Caithness vase to the EU and Northern Ireland without first appointing a representative in the EU or Northern Ireland!

4. One off pieces, for example, an oil painting are exempt from the rules.

I'd welcome any feedback.

Lesley 

[stampsnallsorts]

This ruling is utter crazy for dealers like myselg dealing in stamps, coins, postcards and all kinds of collectibles. It will be totally unworkable.

I have an enquiry at the moment with the Dept for Trade and Industry. Even they cannot find an answer. It has been forwarded to a specialized team. I am expecting an answer back in 10 to 20 days. If no satifactory answer is found. As of Dec 1st I will be blocking all my sales to the EU and NI on every platform I sell on.

[ebeegeebees2006]

I agree. It's typical EU nonsense. The law is supposed to protect EU residents from physical and psychological harm...from postcards, a porcelain ornament, a brass bell, a wooden jewellery box, to name but a few. No common sense has been applied as always, and the inclusion of Northern Ireland in this is just madness.

[4_bathrooms]

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@ebeegeebees2006 wrote:

1. You can sell antiques (over 100 years old) to the EU and Northern Ireland with no additional information, manufacturer etc., required.

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Correct. Well, it would obviously need to be listed in the "Antiques" category with the item's age provided in the relevant item specific.

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@ebeegeebees2006 wrote:

2. You can sell other vintage items (20 to 99 years old) to the EU and Northern Ireland that were originally made in the EU and Northern Ireland if you include the manufacturer's address on your listing.

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It depends. If the item is something that was manufactured in the EU and is something that doesn't require a CE mark (i.e. it is not a toy, electronic device, measuring jug etc.) you can provide the EU manufacturer's details provided the manufacturer still exists. If the manufacturer no longer exists you'll need to employ an EU-established economic operator. I have no idea what checks eBay will be putting in place for this.

If the item is something that does require a CE mark the manufacturer and compliance details are required.  

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@ebeegeebees2006 wrote:

3. If a vintage item was made outside of the EU and Northern Ireland you cannot sell it to these areas without appointing a representative in these areas. This means that you cannot sell, for example, a vintage Scottish Caithness vase to the EU and Northern Ireland without first appointing a representative in the EU or Northern Ireland!

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Correct.

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@ebeegeebees2006 wrote:

4. One off pieces, for example, an oil painting are exempt from the rules.

---

Correct. I'll copy & paste the relevant exemption information in another post.

Something eBay hasn't covered in their guidance - because they seem to be focusing on categories - is any item that requires repair and is sold mentioning this fact is exempt. So, if you were selling a 1950s telescope with an item condition of "For spares or repair" (because it no longer worked properly) it should be exempt. However, eBay have made no mention whether such items will be excluded from their GPSR requirements or not.

[4_bathrooms]

These are the exemptions for antiques, collectibles and works of art:

"WORKS OF ART, COLLECTORS' ITEMS AND ANTIQUES, AS
REFERRED TO IN POINTS (2), (3) AND (4) OF ARTICLE 311(1)

PART A
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.

PART B
Collectors' items
(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).

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

[ebeegeebees2006]

Hi,

Thank you very much for going over all my points. I really appreciate it. I knew that if the manufacturer no longer exists, which is very often the case with vintage items, you still had to put their address but not that this basically means you can no longer sell them to the EU and NI without a representative. I feel that I do now have some clarity on the new regulations. Thanks again.

[harry2010toys]

I thought this as having all this goung round my head for days now but it doesn't look like it.  A lot of our items are vintage and I spent about an hour on line with ebay yesterday and the general outcome was you can't sell them.  They did direct me to companies that are willing to act as a responsible person but they are charging in excess of £1000 a year which for small businesses like us it's not workable so I have blocked all sales with immediate effect.  It will cost ebay a lot of money in the long run as so many people are pulling the plug on EU sales so they will lose all their international fees they are charging sellers

[harry2010toys]

Did you ever get any response back.  I have now had to block all sales to the EU and NI as it is completely unworkable unless you have the money to pay upwards of £1000 a year for a dedicated responsible person.  Ebay seem to be directing you towards companies that are doing this

[harry2010toys]

I asked about photographs an was told no you can't sell them and no vintage items where the manufacturer no longer exists so I have essentially stiopped selling to the EU and NI for the moment until such times as things may become clearer.  A also cannot afford the £1000+ per annum so called companies are asking to be a dedicated EU responsible person

[harry2010toys]

I have done exactly the same thing.  I have blocked EU and NI as a lot of our items are vintage and there is no way to provide a lot of the information.  Ebay are pushing sellers towards companies that will charge you for the privilige of being an EU responsible person with a cost of over £1000 a year which is not affordable in the current climate when things are hard enough

[spence0175]

Yes, sad days ahead for many of us business sellers, but if you are private you can still sell there….its all just bonkers