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

[ekomseryt]

We sell collectables which are all listed as 'used'.  All of our listings are made available to the EU - ie the EU is l;isted as a place to which we will dispatch.  So surely, everything we have listed, or will have listed, prior to 13th December 2024 has already been 'placed in the market'.  OK, I accept that, unless anybody in eBay comes to their senses beforehand (and when has that ever happened) anything we newly-list after that date we will probably have to switch off EU and NI, but there has to be an exemption within eBay for what is already listed, because it complies with the directive?

[baby_buzz_direct]

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@cooksongold wrote:

its actually in a transitional period at the moment.

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I was told by a EU - GPSR representative that there will likely be a further transition period after 13 Dec. as to how strictly this is being enforced

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@cooksongold wrote:

If the warehouse in in England - then yes, it won't be able to be made available into the EU after 13/12/24 - because in this case, the individual units won't be placed on the market until each individual unit is sold to someone in the EU/NI.

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Is this your personal interpretation of article 51 of the GPSR, or is this explicitly stated in some official document?

[cooksongold]

That is taken from how the EU blue guide - which outlines what, exactly, they mean by 'placed on the market' and 'made available on the market'

I've included it in a previous message - as well as below. 

[cooksongold]

For used goods...I guess it does complicate matters yes.

But again, it refers to the EU as thet market (which also includes NI). So if your second hand item (and the EU placed on the market rule applies at individual unit level) had previosuly been placed on the market - ie through a retailer or if you bought it from an EU distributor - then yes, it has already been placed on the EU market. But if its only ever been outside the EU at that point and will have been placed on the market, again at the point you sell to someone in the EU/NI.

As for whether the EU count items that were in the UK when we were in the EU has having been placed on the market....not a clue.

[ett1954]

Having just come off a webinar by the UK Export Academy presented by an extremely knowledgeable presenter from Intertek, this question was asked.

Any items currently in stock within the EU marketplace on December 12th will be covered.  Any items arriving into the EU  marketplace from December 13th will have to conform to all requirements of GPSR.

One outtake from this was the emphaisis being placed on risk assessment and traceability.  One hell of a lot of work to do.  It very much follows the line of Food Safety Regulations currently in force within the UK and EU.

[555njp]

That's fairly clear, but how on earth would anyone know for say a vintage secondhand item, manufacturer long gone etc. if said item has ever been placed on the EU market before or not?

If it was manufactured within the EU you'd have to assume it was, surely?

[ett1954]

It is not a question of whether it whether it was sold previously but when it now enters the UK market area for sale.

If it was sold previously then it would have previously met the then current regulations; if it was Conformité Européene (CE marked) for example then the product requires the previous documentation updated to meet the  requirements of the GSPR, which in this particular case would be extra documentation to ensure conformity with new risk assessment (safety), traceability and recall requirements; plus an EU responsible person designated to represent you if the original manufacturer is unable to fulfill that role.

Interestingly risk assessment now has to take potential psychological harm into effect!

[555njp]

Ok, thanks. I've already shut NI and EU off anyway, I had to in order to list a few weeks back.

Far too much effort needed for compliance sadly ☹️

[ett1954]

Sorry for any confusion my message above should read 'EU market' not 'UK market'.  Too late to edit.

[baby_buzz_direct]

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@cooksongold wrote:

That is taken from how the EU blue guide - which outlines what, exactly, they mean by 'placed on the market' and 'made available on the market'

I've included it in a previous message - as well as below. 

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Preamble 105 of the GPSR (which is the legislative relevant here) states though

In order to allow economic operators and providers of online marketplaces sufficient time to adapt to the
requirements of this Regulation, including information requirements, it is necessary to provide for a sufficient transitional period after the date of entry into force of this Regulation during which products covered by Directive 2001/95/EC which are in conformity with that Directive may still be placed on the market. Member States should therefore not impede the making available on the market of such products, including offers for sale.

And 'date of entry into force' is the 13. Dec. 2024 (see article 52)

[cooksongold]

Entry into force and application

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

It shall apply from 13 December 2024.

Its publication was 23 May 2023. It entered into force 13 June 2023. The transitional period is up to 13 Dec 2024.

[baby_buzz_direct]

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@cooksongold wrote:

Entry into force and application

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

It shall apply from 13 December 2024.

Its publication was 23 May 2023. It entered into force 13 June 2023. The transitional period is up to 13 Dec 2024.

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Yes,  thanks, it seems I have misread the meaning of the date of 13 Dec 2024 in article 52.

[planet78]

We're just over a month out and it doesn't look like this is going to be resolved so I'm going to remove the NI postage offer from all of my listings and hope that will see me right.

[cooksongold]

Out of interest, what exactly doesn't look like its going to be resolved? You are correct in that if you only sell into GB (and to be fair anywhere other than the EU/NI) then GPSR won't apply.

[planet78]

I only sell to the UK (so GB and NI) and I have no intention of updating all of my listings to provide whatever information eBay think is required just to keep the relatively small number of sales to NI addresses.

I've just updated my postage policy to exclude NI, it was remarkably simple. It will be equally simple to reinstate it if after the dust settles at the end of the year it turns out all this was for nothing.

[a45heaven]

Just my self same actions you have taken - if you sell on other platforms, it may be worthwhile to view their interpretations of what is required for GPSR.  As you say when the dust settles things may be different , but it gives you a different view.

[aj_swift]

A warning for anyone intending to switch off NI and EU at the last minute. If you have sent any offers to buyers you will be unable to change or edit the postage policy until those offers have expired.

If eBay send offers out automatically for you make sure you've switched that off well in advance or you will have some listings you cannot edit.

[pal_version]

so many conflicting arguments across 29 pages - is whoever is wrong or right really does not matter, its how eBay choose to implement the rule is what really matters. It's up to eBay to guide its sellers on this one, unfortunately eBay are doing very little to do this.  its the kind of thing you'd expect to see front and centre of the Overview page on everyones Seller Hub, but it's not.

[ett1954]

"It's up to eBay to guide its sellers on this one" - But eBay have more important things to do; changing feedback format, changing messaging format, changing picture upload format (hit me yesterday), etc., etc.

Don't worry when we can't sell the private sellers who are not affected will keep eBay afloat ........... oops no fees.

[baby_buzz_direct]

Note that even if you add the GPSR details to all your Ebay listings, you are not done with this yet. You have to add these details (most importantly contact details for EU responsible person, any safety warnings in all EU languages)  to any items you send to the EU. Customs will start checking this from 13. December. If these details are not included with the items, they may not pass.