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

[oilydub]

GPSR is only for business sellers

[trevcald]

i am a business seller  so wont be selling in Northern Ireland, channel isles or the EU moving forward

[jonatjonatjonat]

I'm not aware that GPSR applies in the Channel islands

[trevcald]

yeah youre right theyre not  isnt i dropped channel islands over import duty charges and not being able to send items tracked via my OBA with royal mail - its a confusing time - ive now decided with the 42% of my selling price going to eBay in fees up from 32% last year if you include advertising and shop front fee, postage taking 34% whats left is barely coving the maufacturing costs its been 4 months since i made any money...this EU and not being able to sell in NI is final straw for me . closed shop today after 10yrs as a top seller and over £100 000 in sales its time to call it a day ebay isnt what it once was too many fees, too much regulation. good while it lasted will be sticking to drop shipping not manufacturing moving forward the easier option and not on ebay but through my own website

[baby_buzz_direct]

As per article 51 of the regulations ( https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32023R0988 )  GPSR compliance only applies to items that are put on the market after Dec.13. Products that are already on the market or put on the market before Dec. 13 are not affected by this (this has been confirmed to me by official trade organizations as well as companies providing EU representation for the GPSR)). 

Ebay actually mentions it themselves  at https://www.ebay.co.uk/sellercentre/global-sales/general-product-safety-regulation (Expand the second from last point 'What if the manufacturer of my product no longer exists or has gone out of business?'), where it says

"according to Article 51 of the GPSR, products that were first supplied to the EU market before December 13, 2024, and comply with the General Product Safety Directive (2001/95/EG), can continue to be sold without adding GPSR-required information in listings."

So it would be illegal if Ebay delists or blocks products that have been already on the market before Dec.13.

---

[nutrafituk]

I can bet what EB is going to do is a straight removal once a listing has renewed...

[baby_buzz_direct]

It should not be about the listing but about the product itself. If you can show that the product was put on the market already before 13 Dec. (by you or anybody else), you should be OK and would not have to comply with the GPSR regulations.

[trevcald]

ive just stopped selling to EU and northern Ireland what with the 10% discount on final sales now needing listing to be over 20quid i'm currently paying EB 47% of my selling price (including shop front fee)  in fees postage cost RM get 32% i'm left with 21% to make it and get some profit at the moment if i put my cash into an cash ISA i'm getting a better return by doing absolutely nothing. This will be my last year of trading there is no point to it anymore I'm just clearing my stocks and not back filling once the stock is gone i'm pulling the plug. twenty years of trading coming to an end.

[4_bathrooms]

I know many sellers are clutching the Article 51 straw but it won't apply to the majority of sales to the EU and Northern Ireland from third-countries conducted via online marketplaces. 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."

"Making available on the market" and "placing on the market" are specific and separate terms defined in the EU Commission's Blue Guide - this is used to interpret the EU's product safety rules. Due to the way the EU Commission publishes their articles - with no table of contents like you would find on GOV.UK - you'll have to scroll to the following section - "2.4. Making available and placing on the market in case of distance and online sales":

"Online or distance selling may be a specific manner of making products available but it does not necessarily constitute the first making available of the product on the Union market (i.e. the placing on the market). The actual placing on the market of these products may differ for each individual product, depending on the specific distribution chain, for example:

—   The distance sale or online offer may refer to products that have already been placed on the Union market. This is the case where the EU manufacturer or an importer has already placed them on the Union market before they were offered for sale online or through other means of distance selling.

—   Some products offered online or through other means of distance selling to end users in the Union are transferred first to fulfilment service providers located in the EU to guarantee their swift delivery to EU end users. Accordingly, products stored by such fulfilment service providers and released for free circulation are considered to have been supplied for distribution, consumption or use on the EU market and thus placed on the EU market. When an online operator uses a fulfilment service provider in this manner, by shipping the products to the fulfilment house in the EU, the products are in the distribution phase of the supply chain (61). These products are considered placed on the market at the time they are released for free circulation.

—   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."

In most cases the product will have been "placed on the market" the moment an order has been received from an EU (or Northern Irish) buyer.

[baby_buzz_direct]

So if you can show that the product sold in the EU already before Dec.13 (through whatever channels, online or otherwise), the GPSR does not apply to it.

[trevcald]

my listings renew every 30days on auto the AI bot that EB uses will auto remove the listing for failing to meet GPSR if i'm still selling in the EU guaranteed it wont matter that it has been previously listed it will treat the relist as a new listing you can bet on it so way it i only sell to the UK unfortuently my N Ireland customers of which i have many wont be able to purchase on EB anymore. They will have to use one of the third party websites to who we supply in a dropship agreement business to business. still not sure if we can continue with that either. It becoming way way too complex  for the smaller business to sell anywhere on the net or EB. Just getting squeezed out for the moonpigs of the world. funny we've been selling longer than MPig and is always a irritating to say the least.

[4_bathrooms]

---

@baby_buzz_direct wrote:

So if you can show that the product sold in the EU already before Dec.13, the GPSR does not apply to it.

---

Erm, no - that is not what it states.

[trevcald]

exactly the way i'm reading it once its 13 december it needs to comply on relists and new listings so the most youre going to get is a month of a listing placed 12 dec when it renews it will need to meet the new standard cos a new listing it wont make a flying f if you've sold it before without it will need to meet the new standard on the renew...otherwise it would be a nightmare to enforce and EB wont be giving themself any headaches it will be route one ..doesnt comply listing will be pulled if your trying to sell in the EU without GPSR compliance cant be anything else...what you have to hope for is what your selling doesnt need any GPSR complainace and is listed as not need for that product. 

[l_patterson]

I was in the process of changing to not selling to EU/NI but on relisting items I now have "Provide more details about your item’s safety and quality standards if you post to buyers in the EU/UK"

Anyone else?

[nutrafituk]

Double check please you have applied that across all your listings. Once have updated your postage policy you need to update all your listings in bulk - would it be that? I would also logged out and back in after.

[triple512]

---

@l_patterson wrote:

I was in the process of changing to not selling to EU/NI but on relisting items I now have "Provide more details about your item’s safety and quality standards if you post to buyers in the EU/UK"

Anyone else?

---

Yes. On my business account it wouldn't allow me to list fresh items until I'd removed EU and NI completely, despite GPSR not coming in until Dec 13th, this was back in September.

Even now I still get the orange "let's make your listings compliant" banner.

I did list a few private items (private account which should be exempt) this week and surprisingly the same fields are there in the template but it allowed me to just turn them off.

[bzmotman]

Not getting that but I noticed a change tonight, may have been before & I missed it, to Default Disclosures. I have loaded a general disclosure "Collectors item" specifying that the item is exempt from GPSR because Antique/Historical interest etc - not sure it will do any good but worth a try. Now clicking on the i bubble by it says "Your default disclosure will apply to buyers from Germany, France, Italy, Spain & UK"

So why just those countries and why is the UK included as whole & not just NI.

[baby_buzz_direct]

But you said it yourself

"...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."

and if the product has been placed on the market in this sense already before 13 Dec, the GPSR regulations should not be applied to it as per article 51. This is not clutching at straws, but a cast iron interpretation without any ambiguity (confirmed to me by the 'UK Trade Delivery Department for Business and Trade' and other organizations I contacted) ,  and if Ebay act to the contrary and prevent the product from being listed, they are simply breaking the law and you should appeal this.

[baby_buzz_direct]

Ebay not wanting to give themselves headaches should not be an excuse for them to break the law and you should appeal this on the basis of article 51 if you sold the product into the EU already before Dec. 13.

Anyway, why don't you put all your products on 'Good 'Til Cancelled' duration? This way the listings would not need renewal. You just have to make sure to always have stock for this.

[ett1954]

"....(confirmed to me by the 'UK Trade Delivery Department for Business and Trade' and other organizations I contacted), ...."  - Having a genuine interest in this, and at the moment considering blocking sales to all EU and EEA countries when this regulation becomes active, did any of these organisations confirm this to you in writing or by direction via a link to their organisation; or were these simply verbal confirmations over the telephone?

We all know how eBay's CS works and I would be interested in seeing something definitive from an organisational or government body that should have some credibility, rather than just a verbal verification that cannot be challenged after the event.