GPSR Compliance

[bojangled]

This is as clear as mud to me. Been to the gov. advice website and various others.
How does a 1972 poster fit in to this process?

It's not an exempt category. 

Advise buyers this item is for viewing only ? 

My initial reaction, sadly, to to switch EU and NI off. 
Jo

[ojewellery]

I happened to find myself at eBay UK Richmond on Tuesday and had a chat with a couple of people who work in the compliance? department about the barriers to trade caused by this legislation (and the ever evolving EPR requirements).  I'm really bad at remembering names - I need to work on that.  I asked if eBay can do anything to enable small traders to continue trading within the EU and NI.  They were very tollerant listening to my concerns and we had a conversation around if there was some way of offering/ finding a company to offer the economic operator role. As I see it, essentially its a low risk activity as should an eBay trader cease trading, all the info would be in the eBay database so the add details to EU database of any recall activity should be such a rare and simple task without massive legal implications that this should be a possible option.

I really hope we can find some way forwards in this.

[4_bathrooms]

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@ojewellery wrote:

They were very tollerant listening to my concerns and we had a conversation around if there was some way of offering/ finding a company to offer the economic operator role.

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As I understand it eBay would be deemed to be the economic operator:

"’economic operator’ means the manufacturer, the authorised representative, the importer, the distributor, the fulfilment service provider or any other natural or legal person who is subject to obligations in relation to the manufacture of products, making them available on the market or putting them into service in accordance with the relevant Union harmonisation legislation"

This will be why eBay are requesting compliance documentation as they are the ones obliged to obtain it. The EU Commission wants to make it difficult for EU consumers to purchase directly from non-EU established businesses; so be it.

The big problem is Northern Ireland as under the Windsor Framework NI is in the EU's customs union which means goods exported from Great Britain to Northern Ireland must comply with all applicable EU laws (including the GPSRs) unless the goods "are not intended to be moved beyond Northern Ireland". The latter part of that sentence should imply a British business selling goods to consumers residing in Northern Ireland only needs to comply with regulations that apply specifically to the United Kingdom and Northern Ireland but that is not at all how it is working in practice. What is actually happening is goods sent from GB to NI consumers do not need a customs declaration - as there is no (EU) VAT or duty due - but otherwise the whole idea of a "green lane" for such goods appears to be complete tosh. For a start there's the whole certification (CE/UKCA/UKNI) mess. The UK will now recognise CE certification indefinitely but a British business selling goods requiring certification to Northern Ireland must ensure they are CE and UKNI marked; UKCA marking is not currently recognised in NI. Similarly, goods sold from NI to GB requiring certification require CE or CE and UKNI marks depending upon where the certifying body is registered. It does make me wonder if the entire purpose of the UKCA mark has been lost; maybe it should have simply been GBCA to save all the hassle?

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@ojewellery wrote:

I asked if eBay can do anything to enable small traders to continue trading within the EU and NI. 

The legislation and the framework are in place and in force; there is nothing eBay can do except comply. As far as the Windsor Framework is concerned the (new) Government are the only ones who can renegotiate it. Once the House of Commons summer recess is over your energy would probably be better spent explaining the situation to your local MP and asking what the Government can do about it.

As far as the EU is concerned you will have to accept the fact the EU Commission doesn't want you selling directly to EU consumers and they will - purposefully - continue to make doing so difficult for you. 

[ojewellery]

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@4_bathrooms wrote:

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@ojewellery wrote:

They were very tollerant listening to my concerns and we had a conversation around if there was some way of offering/ finding a company to offer the economic operator role.

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As I understand it eBay would be deemed to be the economic operator:

"’economic operator’ means the manufacturer, the authorised representative, the importer, the distributor, the fulfilment service provider or any other natural or legal person who is subject to obligations in relation to the manufacture of products, making them available on the market or putting them into service in accordance with the relevant Union harmonisation legislation"

That would be great and would really help my situation out.  It wasn't acknowledged in any way, shape or form - of course, I could have just completely misinterpreted. 

There was talk of not wanting to be seen as anything other than the sales platform.  We definitely spoke about whether eBay could get involved in sourcing a third party to act as the ebay sellers economic operator to keep them out of that responsibility loop.

I wonder how we'd get clarification from eBay.  Maybe I'll get the ever promissed communication.

Regarding legislation and needing to comply, as previously stated, I fully understand its not optional.  However, as the bigger party in facilitating transactions into Europe, eBay are in a better position to seek potential solutions to the hurdles faced by those using the platform (the old win-win to keep their own revenue stream coming in by helping sellers navigate hurdles).  I was coming from the angle of eBay finding a partner company to be economic operator rather than each seller having to find what at first glance currently doesn't appear to be a readily available service to micro business.  However, if they take the economic operator role, that ceases to be an issue.

As I type, I'm thinking if it was that easy as the platform being the operator, wouldn't Amazon be doing the same, or maybe they're equally trying to dodge the extra (very minimal) work.  They don't appear to be.  This is from their page on the topic of GPSR obligations: You or your supplier must also appoint an EU-based Responsible Person for your products.

[4_bathrooms]

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@ojewellery wrote:

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@4_bathrooms wrote:

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@ojewellery wrote:

They were very tollerant listening to my concerns and we had a conversation around if there was some way of offering/ finding a company to offer the economic operator role.

---

As I understand it eBay would be deemed to be the economic operator:

"’economic operator’ means the manufacturer, the authorised representative, the importer, the distributor, the fulfilment service provider or any other natural or legal person who is subject to obligations in relation to the manufacture of products, making them available on the market or putting them into service in accordance with the relevant Union harmonisation legislation"

That would be great and would really help my situation out.  It wasn't acknowledged in any way, shape or form - of course, I could have just completely misinterpreted. 

There was talk of not wanting to be seen as anything other than the sales platform. 

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Unfortunately, I think that means eBay are not willing to be the economic operator/responsible person which is the same line Amazon are taking.

Reading further into this the Regulation considers the supply chain in the order mentioned, i.e. manufacturer -> authorised representative -> importer -> distributor -> fulfilment service provider. You (the manufacturer) are the first link in that chain whilst eBay are the last as they are the party that is making the item available on the EU market. Note the Regulation does not consider the buyer to be the importer if the buyer is a consumer so in your case the chain is manufacturer (you) -> fulfilment service provider (eBay). One of you needs to ensure your products are compliant with the Regulation before the item is placed on the EU market and I'm certain eBay are going to wash their hands of that responsibility.

However, it seems you might not need an EU-based authorised representative after all. Article 7 states that if a product is not required to comply with any other EU safety regulations and doesn't otherwise pose a health and safety hazard the product is presumed to be compliant. I thought this might just be concerned with the obvious such as CE marking (which your products don't require) but reading the referenced Directive's annex I spotted something that might apply to your items: REACH. As this stems from a 2007 EU Regulation I managed to find the GB version as well. They both state registration is only reqiured if you manufacture/import more than one tonne per year - I'm assuming this isn't the case for you?  

[ojewellery]

REACH has been around a while and whilst if I printed out legislation nonsense that small business have to deal with each year it'd exceed a tonne, the price of gold per gram (at £59.93 at this precise moment in time) means I have significant room to grow before I hit importing a tonne a year .  At those revenues I'd most definately be able to outsource all legals - I'll add it to my aspirations list, reach importing a tonne of precious metal in a 12 month window!

I've opened the damned GPSR again and read the very short article 5 

General safety requirement

Economic operators shall place or make available on the market only safe products.

and rather more wordy and nonsensical 7

Presumption of conformity with the general safety requirement

1.   For the purpose of this Regulation, a product shall be presumed to be in conformity with the general safety requirement laid down in Article 5 of this Regulation in the following cases:

(a)

it conforms to relevant European standards or parts thereof as far as the risks and risk categories covered by those standards are concerned, the references of which have been published in the Official Journal of the European Union in accordance with Article 10(7) of Regulation (EU) No 1025/2012; or

(b)

in the absence of any relevant European standards as referred to in point (a) of this paragraph, the product conforms to national requirements, as regards the risks and risk categories covered by health and safety requirements laid down in the national law of the Member State in which it is made available on the market, provided that such law is in compliance with Union law.

2.   The Commission shall adopt implementing acts determining the specific safety requirements to be covered by European standards in order to ensure that products which conform to those European standards satisfy the general safety requirement laid down in Article 5. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 46(3).

3.   However, the presumption of conformity with the general safety requirement under paragraph 1 shall not prevent market surveillance authorities from taking all appropriate measures under this Regulation where there is evidence that, despite such presumption, the product is dangerous.

I'm not sure I'm reading it with the same full interpretation for not needing an economic operator.  I want to, but I'm reading that they want to amend all other legislation to show the need for economic operators, that if there is no legislation then the economic operator can deem it meets general safety standards but what I don't see is anything that states it doesn't need to comply with article 16 which I linked to before re all products require an economic operator to be placed on the EU market.

[4_bathrooms]

This is how I'm reading (rather, interpreting) Article 16:

"A product covered by this Regulation shall not be placed on the market unless there is an economic operator established in the Union who is responsible for the tasks set out in Article 4(3) of Regulation (EU) 2019/1020 in respect to that product. Article 4(2) and (3) of that Regulation shall apply to products covered by this Regulation. For the purposes of this Regulation, references to ‘Union harmonisation legislation’ and ‘applicable Union harmonisation legislation’ in Article 4(3) of that Regulation shall be read as ‘this Regulation’."

I have emphased "this Regulation" as it states the Articles listed in the referenced legislation ((EU) 2019/1020) should be read as "this Regulation". 

From Article 4 of the referenced legislation:

"Notwithstanding any obligations set out in applicable Union harmonisation legislation, a product subject to legislation referred to in paragraph 5 may be placed on the market only if there is an economic operator established in the Union who is responsible for the tasks set out in paragraph 3 in respect of that product."

Which intimates only products subject to Union harmonisation legislation (mostly those products requiring CE marking) require there to be an economic operator established in the Union. Anyway, that's how I interpreted it before my head starting hurting. 

[4_bathrooms]

Out of curiosity has anyone who has posted in this thread actually been asked for any evidence that their products do comply with the GPSRs? I haven't despite having some items available through eBay's GSP.

[billythecardy]

I had a thought about this.  It's amazing what passes through your head when you're wide awake at 3am.  I wonder,  is the reason there is no mention of books, magazines, newspapers etc at all in the regulations is that this is for "manufactured" goods and technically books etc are "printed" not manufactured (and do not generally require safety certificates and user manuals)?   

I wonder if we book (and other printed material) sellers are panicking over nothing? It would be typical of eBay to give us half the story. I cannot see that the EU is effectively curtailing the cross-border trade in books. 

[4_bathrooms]

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@billythecardy wrote:

I wonder if we book (and other printed material) sellers are panicking over nothing? 

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I'm thinking along the same lines. My analysis of the regulations suggests only manufactured products that require CE marking will be affected. I know (business) toy sellers have already been subject to compliance checks due to another recent thread although toys were probably always going to be among the first products to be checked.  

[knit-in-styles]

I have read through this thread but all still a bit unclear to me. I mainly sell buttons and knitting patterns so have no idea if I would be required to do this and if I did, I have absolutely no idea who the product manufacturer would be.

A message today from ebay  re this and looks like they have now amended the listings so we have to start inputting this information.

Get started

We’ve made it easy to add the necessary regulatory information to your listings, both individually and in bulk. This includes the manufacturer’s name and contact information, and if the manufacturer isn’t based in the EU or NI, the EU or NI-based Responsible Person’s details. Just follow the instructions below to get started.

Create or revise a single listing

When listing a new item, you’ll come across the Item disclosures section. If you’re revising an existing listing, you can get there by visiting the Seller Hub Active listings page and selecting Edit from the Actions dropdown menu next to your listing Select the toggle next to Product manufacturer Add the manufacturer’s information, and if required, the EU or NI-based Responsible Person’s details.

Create or revise multiple listings

Access the Bulk edit tool from Seller Hub, select Item disclosures from the dropdown menu and add all the information requested Another option is to download the updated templates available in Seller Hub Reports or the Merchant Integration Platform (MIP). The templates will have new columns for the information you need to add.

If you use a third party application to manage your listings on eBay, reach out to your provider to find out how they can help you comply with the GPSR.

[stormatic2015]

I stopped reading half way through as its starting to become technical and not a headache I want to have  reading on Monday.

I just got the concensus that we just upload an image with our name and address as there is no way to identify the manufcture of some of my items as they are generic unbranded, mostly outside the EU.

I agree with another poster that said it will just make selling in the EU even harder and it will have a negative impact on their economy.

[changgoldleaf]

Last time I looked, Northern Ireland was part of the UK, not the EU.

[knit-in-styles]

See post 22 above 4_bathrooms very kindly explains this.

[spence0175]

Are we fighting fire with fire. Does the EU have to comply with the same rules if importing into the uk.

Same with the green rules into Germany. Are we charging them to dispose of packaging when they send to us...

[555njp]

It would be helpful if eBay could advise what/what is not affected by this legislation. I said on another post a while back that this could actually finish eBay off but no body replied? 
We received the message in February via the expressions team then got quizzed about our understanding of the communication.
One question was "what if any changes would you need to make to your listings in order to comply with the GPSR?" To which I replied From December 2024, limit all sales to UK only!(NI was not split out at that time).

Anyway, back on thread. We sell secondhand, refurbished and new DIY and gardening equipment, tools and spare parts? We are the middle man, not the manufacturer so does this even apply?
New machines are boxed with instructions. Do spare parts count? or do we just sell the new stuff to the UK only from December, which to be fair we've pretty much been doing for some time anyway?

I really think this legislation could destroy any overseas trade on eBay. Not that it's eBays fault, or that we have much choice but to comply.

[fatbobfan]

https://www.ebay.co.uk/sellercentre/global-sales/general-product-safety-regulation?

FAQ has a list of exclusions but they are a bit specialist, easier to say most things are included

[montgomerycollectables]

Ebay if you are watching. My positive feedback shows I am a positive ( & determined!) seller. BUT 

This GPSR legislation is a nonsense for a seller of antiques and collectables. How on earth is it possible to identify manufacturer details on so many INDIVIDUAL pieces. An Orwellian nightmare.  It is a piece of  legislation that literally reads to a collectables seller:

Sell to EU & NI  - pursue uneconomic and more likely impossible research on hundreds of individual items - if you don't comply you're prevented from selling-  STOP selling to EU and NI - fed up customers - fed up seller - loss of income to ebay - loss of income to UK 

I am sending a message to my new MP re: this absurdity .. unless of course, anyone has found a work around??  with thanks !!  Adrian 

[spence0175]

I'm in the same boat as you although I have to say sales to the EU are virtually non existent these days although I do sell a bit occassionally to NI.

Please let us know if you get a response from your local MP. It's something that is going to affect so many of us

[montgomerycollectables]

Hi there

Definitely agree... EU business has pretty much been totally undermined in the last few years but with a new govt looking for a more collaborative approach with EU.. I hope the MP might have something positive to say.

Will post anything relevant. 

best wishes 

Adrian

[camerapartsuk]

Quite a lot of what I sell are repair camera parts, they are not items on general retail sale, don't come in retail packaging (from my supplier) and are usually only marked with a tool stamp.

Most are made of rubber which I then repackage myself.

I sell some retail items, but most are not.

How am I supposed to track down what they have asked for? Also some items I resell from AliExpress, pretty sure they're not going to give 2 hoots to the EU.

Any ideas? I sell quite a bit to the EU so it would be annoying if I had to stop.