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

[knit-in-styles]

Sorry but the fact we are out of the EU is a huge bonus as if we were still in the EU then we would have to comply to these ridiculous bureaucratic regulations with all our sales to the UK and this would have a massive impact on many small businesses that sell in the UK.

[cooksongold]

Do be aware it applies to sales to Northern Ireland.

[knit-in-styles]

Yes thanks, I am aware of this. I will be switching off sales to EU and NI.

[jeznorthbay]

Apologies, but this is another reply that proves how misleading the anti-EU rhetoric is. There is no difference for any country whether in the EU or not. If you're selling to the EU or inside it the rules apply. All countries have safety regulations. The difference is that most negotiate & set up trade deals. The brexit supporting previous government refused to do that. Being out of the EU has already limited the sales of most UK businesses & that's a fact backed up by data & numerous studies. 

[4_bathrooms]

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@jeznorthbay wrote:

Apologies, but this is another reply that proves how misleading the anti-EU rhetoric is. There is no difference for any country whether in the EU or not. If you're selling to the EU or inside it the rules apply. 

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There is a difference.

An EU/NI-established retailer selling items that are not required to meet harmonised EU legislation (like CE marking) is not required to supply the details of an "EU established responsible person" because they will be deemed to be performing that role. That also applies if the signor of a Declaration of Conformity/Certificate of Conformity is not EU-established.

EU/NI-established sellers only need to worry about harmonised EU product safety legislation which is exactly how product safety should work. All non-EU/NI established business sellers will be required to identify an EU-established responsible person for any items they sell to the EU or NI that are not explicitly exempted in the GPSR or in Annex IX.

BBC News published an article about the GPSR on Monday. An interesting takeaway from the end of that article:

"A spokesperson from the department for business and trade said: “We are supporting small and medium-sized enterprises (SMEs) across the whole of the UK to get ready for GPSR and will be publishing more guidance shortly.

"We will keep this under review and continue to engage businesses to ensure they are supported to trade freely."

It is understood the government expects GPSR to have a limited impact on the UK internal market as it largely formalises the reality of how many businesses are already operating."

[jeznorthbay]

I was referring to the comment from 'Knit-in-styles' claiming being out of the EU was a massive bonus. So the difference about the responsible person wasn't what I was getting it, but rather the idea that we are someone better off being outside the EU, which is blatantly incorrect. 

[4_bathrooms]

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@jeznorthbay wrote:

I was referring to the comment from 'Knit-in-styles' claiming being out of the EU was a massive bonus. So the difference about the responsible person wasn't what I was getting it, but rather the idea that we are someone better off being outside the EU, which is blatantly incorrect. 

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Oh, I see. There's still no denying the GPSR's are more concerned with market protection than consumer safety.

Anyway, in the spirit of tit-for-tat the UK will be introducing the Product Regulation and Metrology Act next year which is pretty much a carbon copy of the GPSR for the UK. It is currently a Bill at the House of Lords committee stage. This should be interesting for Northern Irish retailers who will find themselves needing to comply with the both the EU's GPSR and the UK's PRMA even if they only sell to consumers in Northern Ireland.   

[baby_buzz_direct]

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@4_bathrooms wrote:

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An EU/NI-established retailer selling items that are not required to meet harmonised EU legislation (like CE marking) is not required to supply the details of an "EU established responsible person" because they will be deemed to be performing that role

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That is not correct. The role of the 'responsible person' in the EU can only be performed by the manufacturer (if located in the EU) or the importer (if located outside the EU) not the retailer (unless they are also the importer/manufacturer).  Have a look at https://prodlaw.eu/2024/05/general-products-labels-under-the-new-regulation/

There it says

Manufacturers have to ensure that their products include the information required by the new GPSR. The Regulation defines the manufacturer as “any natural or legal person who manufactures a product or has a product designed or manufactured, and markets that product under that person’s name or trademark”. This definition of manufacturer should not be confused with the original design manufacturer (ODM) who builds the product sold under another company’s name (the manufacturer).

The following elements must be displayed on the product or, if not feasible, on its packaging or in a document accompanying the product:

• Type, batch or serial number or other element enabling the product’s identification.
• Name, their registered trade name, or registered trademark, postal and electronic address and, where different, the postal or electronic address of the single contact point at which they can be contacted. Certainly, name and related details refer to company’s name under which the product is sold.
• Details of the importer, including their name, registered trade name or registered trademark, their postal and electronic address and, where different, the postal or electronic address of their single contact point.

Manufacturers must also ensure that the product comes with clear instructions and safety information in a language easily understood by consumers as determined by the Member State. This is not mandatory if the product can be safely used without such instructions.

All these details would have to be supplied by the importer/manufacturer.  As a retailer you just would have to add these details into your Ebay listing. And this isn't actually any different for UK sellers. Unless you are the importer/manufacturer you don't have to deal with arranging for a Responsible Person representation in the EU. This is up to the UK importer/manufacturer. They have to give you the relevant details to put on Ebay or other online platforms.

[ra-business]

FYI, I received this email earlier this afternoon.  Some of you will have too.  I have blanked out the identifying details, but you will get the gist.  Does it prove the point for small sellers with like me a wide range of products (rather than loads of one product or loads of products from one company)?  What an unnecessary mess, it seems to me:

Hi XXXX

I noticed that your XXXX Ebay listings have not yet setup a GPSR EU Responsible Person. 

Thinking of pulling the plug on your sales in the EU or Northern Ireland? 

That'd be a shame! As a UK seller, it's fairly simple:

1. Get an authorised EU Responsible Person. Our standard rate starts at GBP 240 / year* - for a complete company product catalgoue

*discounts available for small simple product ranges.

2. You won't require hefty safety docs, we will pass you along our template helping you with the safety instructions where needed.

The December 13th GPSR deadline's creeping up fast. Let us give you the clarity so that you can keep selling, 16 days are left to comply.

Cheers,

XXXX

XXXX

XXXX

[trafton.-47]

I do agree entirely on all your points. While it's true that I am looking at it from a new book perspective, I am aware of the secondhand book situation, not least because I buy a lot secondhand material. We know GPSR applies to secondhand goods just as it does to new ones, but compliance is far more of a challenge. There seem to be differing thoughts on whether there is some kind of cutoff date (someone mentioned 100 years, for example), but, as you suggest, amalgamations and closures of both publishers and printers makes it hard to decide where responsibility lies. That applies to some books just 10 years old, never mind material from the 1930s. (I used to be chief sub on Flight, BTW, but not in 1937 - I take no responsibility for any typos in that issue!)

The ruling makes a bit of sense when you're selling secondhand electrical items; it is utterly irrelevant for 'inert' objects like books, old postcards, photographs, chinaware, jewellery and so on.

And I suspect you're right about inconsistent enforcement. The French are adept at twisting EU rules to suit themselves, mostly by ignoring them. Others will impose restrictions with Draconian thoroughness. Some sample cases will be pursued ruthlessly to stand as a terrible warning to others, while the great majority of material will simply slide through unnoticed. But who can afford to take that risk?

[jeznorthbay]

Have to say that anyone replying to that unsolicited email that has come from the 'company' searching a public selling platform for your contact info does perhaps need to have a think before doing so. 

[ra-business]

Which is why I blanked out the identifiers.  I am offering it to illustrate the wider point that small sellers with diverse product ranges do not have great options.

[dwtrading2015]

"Being out of the EU has already limited the sales of most UK businesses & that's a fact backed up by data & numerous studies. "

Post just one credible source that is based on real world data and has been verified.  The EU has cut itself off from the world but has some special barbs exclusive for the UK in retaliation for Brexit, such as NI annexation within what is a foreign territory exclusive trading zone.  UK has made it a lot easier to trade to the rest of the world and we get favouritism for not being in the Euro zone nor in the protectionist zone.  That is evidenced by the number of head offices and research groups that have opted for the UK and not the EU.  This GSPR is being applied to the world's imports to the EU and by not being associated with it or seen as part of creating the problem, we are in a more favourable position for trading relations elsewhere.

[thebetterdog]

Hi.

How do I, like, not get updates from this thread anymore? As I'm finding some of the EU hating rhetoric quite naff.

Thanks.

[technthread]

I’d like to know how to unsubscribe too if someone could point us how to do it please. Every time my phone buzzes today I know it’s likely to be a bloody GPSR thread email notification before I even look at it 😂

[cooksongold]

Just go to your Subscriptions page

[davrman]

Click the down arrow in a circle at the top right of a message, and choose "Unsubscribe"...

[dwtrading2015]

EU hating?  What EU hating rhetoric?  Nobody has posted any such 'hate'.  I think you are confusing those making the point about the pros and cons of not being in the EU.  Those who note the pros are typically labelled as hate/far right/nazis/thugs and so on because they are not overtly supporters of the EU.  I love europe, been there about 16 times already this year.  But I see significant benefits not being part of the EU and especially so the more protectionist they have become.  We only apply about 1% of our Brexit freedom since all the previous 3000 laws are still in place and our uniparty and civil service keep us firmly on lock-step with the EU with things like net zero with no mandate and quietly slipping in all the other undesirable copy cat schemes.

Hint, that is why the re-referendum campaign went silent, there's no need for one.

Anyway, the issue is how the latest protectionist scheme the EU is imposing on the world wide free trade system is impacting us here.  No hate, just plain bare facts.  We bulk edit on the evening of the 12th December and delete the EU in one single click.

[thebetterdog]

thank you kindly.

[thebetterdog]

One could argue referring to something as a 'protectionist scheme' could possibly be construed as being somewhat inflamatory?!?

Anyway, Im out. Hope it all works out ok in the end. x