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]

No I turned off NI and EU at the weekend.

I sell buttons which I purchase in large quantities and sell in smaller quantities and I have absolutely no idea about manufacturers details etc.

[trafton.-47]

That's exactly the sort of business that GPSR was never really intended to deal with. It's a one-size-fits-all, blanket regulation that treats buttons exactly the same way as lawnmowers, electric blankets and pressure cookers, with absurd and, for businesses like yours, potentially damaging results.

However, until the EC complies with its own Article 17 of GPSR, there may well be a defence for any SME or 'micro-enterprise' against an accusation of non-compliance with the regulation. Art.17 states (among other things):

The Commission shall adopt specific guidelines for economic operators, with particular regard to the needs of those that qualify as SMEs, including micro-enterprises, on how to fulfil the obligations laid down in the Regulations.

It hasn't done. And until it does, I'd argue that "SMEs, including micro-enterprises" cannot be expected to "to fulfil the obligations laid down in the Regulations".

But I'm not a lawyer. Or a jobsworth employed by a market surveillance authority...

[jeznorthbay]

Unfortunately the guidelines you mention have either already been issued or are simply something written into most legislation to allow adaptive response in terms of official guidance. It does not mean changing anything. These GPSR regulations have actually been there for 18 months, in terms of a soft-lead in, & that was the time when governments could comment & discuss any possible changes or adaptations. The UK government at the time refused to do that, driven as they were by brexiteers. 

[trafton.-47]

That was not the view of Thierry Mariani, who on 26 September 2024 submitted the following question in the European Parliament, raising many of the points made in this forum.

The EU General Product Safety Regulation (GPSR) – due to enter into force on 13 December 2024 – is giving rise to growing concerns among small and medium-sized enterprises (SMEs) in the cultural sector, especially those specialising in the sale of books, CDs, DVDs and video games. With much of their business coming from sales of old or second-hand products, they are faced with disproportionate requirements, especially as regards traceability and labelling, for items that do not pose any appreciable safety risk for consumers.

As a result, many SMEs are worried that they will not be able to comply with the new rules and might have to close down, resulting in a less diverse cultural offer in Europe.

In view of this, does the Commission plan to amend the GPSR to exclude cultural products from its scope, or restrict its application to products placed on the market after 13 December 2024, in order to protect these businesses while meeting consumer safety goals?

On 6 November 2024, by means of written answer E-001835/2024, Didier Reynders of the EC wrote:

In accordance with Article 17 GPSR, support designed to facilitate compliance of SMEs with the GPSR will be made available. In particular, the Commission is in the process of adopting guidelines for economic operators, focussing on the needs of SMEs, including micro-enterprises, on how to fulfil their obligations.

[my emphasis]

It's clear from this that the EC has NOT produced the guidance its own regulation requires it to issue.

[rclark8449]

Yes i think the problem is finding a responsible person  ,on the GPSR you could post yourself as the manufacturer , specially as you resell them in sets that you make up yourself , the safety is easy just click them all and your covered , not sure how to get around the responsible rep part , here in france we are automatically classed as that , i sell vintage but i have filled out the GPSR since the 13th , it makes more work but its not so hard , with your items you could produce a one size fits all warning and use bing to translate it into all the languages of the counties you sell to and include it in all parcels  ,its just the responsible person you need to find

[trafton.-47]

That's not the view in the European Parliament. See the following question, submitted 26 sep 2024 by Thierry Mariani (PfE).

The EU General Product Safety Regulation (GPSR) – due to enter into force on 13 December 2024 – is giving rise to growing concerns among small and medium-sized enterprises (SMEs) in the cultural sector, especially those specialising in the sale of books, CDs, DVDs and video games. With much of their business coming from sales of old or second-hand products, they are faced with disproportionate requirements, especially as regards traceability and labelling, for items that do not pose any appreciable safety risk for consumers.

As a result, many SMEs are worried that they will not be able to comply with the new rules and might have to close down, resulting in a less diverse cultural offer in Europe.

In view of this, does the Commission plan to amend the GPSR to exclude cultural products from its scope, or restrict its application to products placed on the market after 13 December 2024, in order to protect these businesses while meeting consumer safety goals?

Mr Mariani's question highlights many of the same concerns that have been raised in this forum.

The response from the EC's Didier Reynders, dated 6 November 2024, is worth reading:

...when making products available on the EU markets, distributors of cultural products, such as books, CDs, DVDs or video games will need to ensure that products placed by manufacturers or importers on the EU market as of 13 December 2024 fulfil the applicable traceability and labelling requirements, unless these products fall into one of the categories explicitly excluded from the scope of the GPSR.

In accordance with Article 17 GPSR, support designed to facilitate compliance of SMEs with the GPSR will be made available. In particular, the Commission is in the process of adopting guidelines for economic operators, focussing on the needs of SMEs, including microenterprises, on how to fulfil their obligations.

NOTE: is in the process of... That means it hasn't done it yet, despite Art.17 requiring it. The EC is not in compliance with its own regulation.

The EC also tries to reasssure us by saying "the Commission is to carry out an evaluation by the end of 2029, where it will assess if the Regulation has achieved its objectives while also taking into account its impact on SMEs."

So if SMEs can just wait five years while we get our act together and see if we've completely destroyed your business model or not... ! No mention of what they'll do if the Reg does turn out to have seriously damaged intra-EU and external trade. 

[jeznorthbay]

I think you're missing the point. The answer mentions support, not a change to the regulations. The commission has already stated that the regulations are now law & the time for adjustments was whilst it was in review, when the UK tory government refused to participate. 

[jeznorthbay]

Also, have any of you written to your mp's to raise the issue, not limited to Ebay but in general (as they can easily dismiss the issue given that Ebay are covered under the marketplaces section of the legislation & the gov seem to assume that they are therefore handling everything). The more small businesses, crafters, artisans etc that do the better. 

[trafton.-47]

Not really. I wasn't talking about a change to the regulations. The point that Mariani, plus many others in business, within the EU and outside, and I are making is that the regulation requires support for SMEs and micro-enterprises, especially those operating in what's broady definable as the cultural field - and that support has not been put in place. It's very clear from Reynders' 6 Nov answer that the EC is playing catch-up with its own regulation.

That support is vital, because the regulation is demonstrably unclear (I would argue, poorly drafted), which in itself, will have/is having a detrimental effect on the affected businesses. Even the ARs I have contacted are struggling to understand what is required in specific cases, simply because there's no clear guidance. And, remember, European law, by contrast with English law, is not created through precedent but solely by statute. That proved to be one of the big fault-lines in the UK's membership of the EU*. So the statute needs to be 100% watertight. This one isn't.

(* That's not an anti-EU statement, just a statement of fact - trying to meld two very different legal systems was always going to be problematic and explains a lot of the friction points that arose in the UK-EU relationship. Before the referendum I mentioned this to two senior people in the EC and they, privately, agreed and couldn't see how the incompatibilities could ever be resolved. "The Commission won't ever change," one said - which from an insider was interesting.)

[knit-in-styles]

Thanks for your reply. I am not sure I would want to put myself as the manufacturer. To me the manufacturer is the person who makes the  buttons and I certainly have no involvement in that. I suspect they are all made in China.

Also if I put myself down as the manufacturer, responsible person, what am I exposing myself to? Someone say swallows a button, am I then held responsible and could potentially be sued?

I can certainly understand this requirement for this for electricals, toys etc but for things like buttons, knitting patterns it really is beyond comprehension.

[trafton.-47]

Totally agree. I've been intending to do that for the past few days but a hectic end-of-year schedule hasn't given me time. It will happen, though...

I've also suggested that the membership organisation I do a lot of work for ask its EU-based members to contact their MEPs on the organisation's behalf. 

If anyone belongs to a membership organisation, eg the Crafts Council, then do ask them to take up the cause. Many such organisations have a seat on government committees and are better placed to lobby ministers

[trafton.-47]

You're only the 'manufacturer' if you commission the production of something and/or if you have your logo/name on the product. A book publisher is classed as a 'manufacturer' because the book goes out under its name and it has paid the printer to print and bind the book. Someone merely dealing in buttons sold in the original makers' packets would surely not be a manufacturer. I imagine you'd be classed as a 'distributor' (who still has GPSR obligations, of course).

I don't see that anyone selling secondhand goods could possibly be classed as a 'manufacturer' unless they modified those goods in some way. Simply selling old postcards doesn't make you a manfacturer; arranging them and mounting them within a frame does.

At least, that's how I interpret the rules at the moment.

[jeznorthbay]

But guidance isn't going to solve the issues, which was the point. Your dealing on this thread with people looking for solutions often & the way you phrased your comment meant it appeared as if you were saying something might be adjusted. That can't happen with the actual legislation without years of drafting & debate. The only thing that can, in effect, change is if the EU somehow instruct customs to waive the restrictions for, for example, certain sized businesses or specific areas of product, but all such instructions would be even more complicated. 

Unfortunately you've chosen to once again bring up a clearly anti-EU point, even though you say it isn't. It is because it is fundamentally incorrect & is based on a distorted view of the situation pre-brexit. The EU did & still does, deal with the legal systems of each member country. 

[knit-in-styles]

Thanks I agree. I am not selling in the original makers packets though. I buy say 5,000 buttons and split them and sort them into colours or patterns and sell them in small quantities for knitters and sewers who only want to buy a few buttons for their sewing or knitting item.

Most of my buttons I buy from China and have never seen any manufacturers details (unless they are on the packaging in Chinese which I cannot speak or read).

[jeznorthbay]

The problem with organisations though is that they are seen by government as representing larger businesses or with the ability to advise their members to comply. The problems with the legislation aren't ones that organisations such as that can solve for their members & the more individuals that make their voice heard the better. 

[trafton.-47]

If you're not altering the basic product, then I don't see that you're taking on any 'manufacturer' role - just don't put them in a bag that might imply you commissioned the factory to make them for you (which I presume you don't). You are just selling unmodified buttons.

I think it might be wise to get some basic details from your supplier, though, to protect yourself. 

For example, consider if an end-user (customer) were to put the buttons on a child's jacket, the child licks them (as they do!), and it turns out to be toxic. 

Can you ask your supplier if they can provide a document of compliance stating that all the buttons are made from harmless substances? I'm not sure what else, practically, you can do.

[trafton.-47]

It's not an anti-EU point. Apart from anything else, it's affecting businesses in the EU almost as much as those outside. And the solution to many of the problems is to urge the EC to get a move on and issue clear guidance that will help all of us. It's not too much to ask, given that the EC itself recognised that there was going to be, and is, a need for guidance and support. I don't really understand why you're arguing against that.

[jeznorthbay]

I'm arguing against you repeatedly misunderstanding what the EU was & is by raising brexiteer level comments that have no basis in fact. 

[unwinsbooks]

The Commission shall adopt specific guidelines for economic operators, with particular regard to the needs of those that qualify as SMEs, including micro-enterprises, on how to fulfil the obligations laid down in the Regulations.

Seems a pretty clear failure to me.

[bzmotman]

Unlike you who repeatedly uses the phrase "brexiteer" in your pro-EU posts.

I don't give a damn whether something is pro or anti EU - just interested in how to work with/round these regulations. Ebay have been no help for sellers of second hand collectables so like to hear from anyone with good ideas. Not interested in the politics of it.