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

[baby_buzz_direct]

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@triple512 wrote:

Not surprised to see that the Chinese junk is now being shipped with fake responsible rep information on it in an attempt to keep selling, doubt it'll be long before the EU put a stop to that though.

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It may not be fake. Many of these rep services are specifically geared towords Chinese sellers. Some of these are actually Chinese companies with an office in the EU.

[4_bathrooms]

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@baby_buzz_direct wrote:

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@4_bathrooms wrote:

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I've noticed eBay have now provided this page with further details about the GPSR and a list of authorised representatives - note some have dedicated email addresses for enquiries from eBay sellers.

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Just don't let these authorised GPSR representatives fool you. They won't tell you initially that, as per article 51

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I realise you're not going to let go of that straw but according to eBay's guidance - which I believe to be correct - a non-EU established manufacturer (i.e. not the retailer) needs to employ the responsible person via a mandate.

[baby_buzz_direct]

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@4_bathrooms wrote:

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@baby_buzz_direct wrote:

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@4_bathrooms wrote:

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I've noticed eBay have now provided this page with further details about the GPSR and a list of authorised representatives - note some have dedicated email addresses for enquiries from eBay sellers.

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Just don't let these authorised GPSR representatives fool you. They won't tell you initially that, as per article 51

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I realise you're not going to let go of that straw but according to eBay's guidance - which I believe to be correct - a non-EU established manufacturer (i.e. not the retailer) needs to employ the responsible person via a mandate.

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But that's exactly the point here. Many Ebay sellers are just resellers and don't have the required documents (e.g. test certificates for the products) to register these products with the GPSR representatives, so they have to turn to the manufacturers/importers to get those details. But the latter won't have registered themselves any products put on the market before Dec. 13 as they don't have to, and it would be too costly to register them anyway if you have 1000's of products on the market already.

Ebay must realize this and not enforce measures that actually contradict the GPSR, can not be enforced legally and thus undermine the whole system. Otherwise they will be just shooting themselves in the foot.

[triple512]

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@baby_buzz_direct wrote:

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@triple512 wrote:

Not surprised to see that the Chinese junk is now being shipped with fake responsible rep information on it in an attempt to keep selling, doubt it'll be long before the EU put a stop to that though.

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It may not be fake. Many of these rep services are specifically geared towords Chinese sellers. Some of these are actually Chinese companies with an office in the EU.

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I assume you didn't watch the video then?

He tried calling and emailing the two examples, both were false as emails bounced and phone numbers didn't exist.

Those Chinese sellers had made up a UK based responsible rep in Manchester and put the info on the outside of the boxes, presumably to get them through customs and to give the reseller some nonsensical data to put in the eBay selling fields.

[4_bathrooms]

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@baby_buzz_direct wrote:

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But that's exactly the point here. Many Ebay sellers are just resellers and don't have the required documents (e.g. test certificates for the products) to register these products with the GPSR representatives, so they have to turn to the manufacturers/importers to get those details.

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If the product requires CE marking and/or needs to meet other harmonised product safety legislation the manufacturer, their EU representative or an EU-established importer would have needed to carry out the necessary tests and drawn up the EU Declaration of Conformity (or EU Certificate of Conformity for non-CE standards). The manufacturer, their EU representative or the importer is "making the product available on the market" and performing the role of the reponsible person in this case. However, an EU-established importer is highly unlikely to allow third-country retailers to nominate them as the RP as third-country retailers are their competitors...   

If the product doesn't require CE marking but the manufacturer is established in the EU then the manufacturer assumes the role of the responsible person as they will be deemed to have "made the product available on the market".

If the product doesn't require CE marking and the manufacturer is not established in the EU then an EU-established responsible person is required to be employed by the manufacturer. A third-country retailer never "made the product available on the market"; they are "placing the (specific, individual) product on the market" via their eBay listing which means GPSR requirements will apply.

The GPSR is market protectionism dressed up as consumer protection. It won't be possible for any non-EU established retailer to sell their (non-GPSR exempt) products to consumers in the EU without the EU getting paid somehow. It's essentially a trade tariff and other than products specifically exempted by the GPSR or Annex IX there is no get-out clause. 

[4_bathrooms]

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@triple512 wrote:

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@baby_buzz_direct wrote:

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@triple512 wrote:

Not surprised to see that the Chinese junk is now being shipped with fake responsible rep information on it in an attempt to keep selling, doubt it'll be long before the EU put a stop to that though.

---

It may not be fake. Many of these rep services are specifically geared towords Chinese sellers. Some of these are actually Chinese companies with an office in the EU.

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Those Chinese sellers had made up a UK based responsible rep in Manchester and put the info on the outside of the boxes

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It would never have worked anyway as the responsible person will need to be established in the EU or Northern Ireland.

[triple512]

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@4_bathrooms wrote:

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@triple512 wrote:

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@baby_buzz_direct wrote:

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@triple512 wrote:

Not surprised to see that the Chinese junk is now being shipped with fake responsible rep information on it in an attempt to keep selling, doubt it'll be long before the EU put a stop to that though.

---

It may not be fake. Many of these rep services are specifically geared towords Chinese sellers. Some of these are actually Chinese companies with an office in the EU.

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Those Chinese sellers had made up a UK based responsible rep in Manchester and put the info on the outside of the boxes

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It would never have worked anyway as the responsible person will need to be established in the EU or Northern Ireland.

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Yes, I thought that was the case, even though it stated UK rep (I.e. covering NI) it was England so no good.

[triple512]

If the product doesn't require CE marking and the manufacturer is not established in the EU then an EU-established responsible person is required to be employed by the manufacturer. A third-country retailer never "made the product available on the market"; they are "placing the (specific, individual) product on the market" via their eBay listing which means GPSR requirements will apply.

The GPSR is market protectionism dressed up as consumer protection. It won't be possible for any non-EU established retailer to sell their (non-GPSR exempt) products to consumers in the EU without the EU getting paid somehow. It's essentially a trade tariff and other than products specifically exempted by the GPSR or Annex IX there is no get-out clause. 

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Precisely how I read it from day one in February when eBay asked me how my business would prepare to comply with the GPSR regulations coming into force from Dec 13: 
"I'll no longer sell to the EU or NI".

It's deliberately been made far to difficult to comply with to keep everyone out.

[baby_buzz_direct]

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@triple512 wrote:

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@4_bathrooms wrote:

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It would never have worked anyway as the responsible person will need to be established in the EU or Northern Ireland.

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Yes, I thought that was the case, even though it stated UK rep (I.e. covering NI) it was England so no good.

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There are some UK based companies offering EU representation services, but these are only the middle-man. When they send you the contract forms, these are issued by some EU based services.

Having said that, Chinese sellers wanting to sell in the UK may require corresponding UK-representation as well.

[ett1954]

@4_bathrooms   Thanks again for your input on this.

"Anything over 100 years old is automatically exempted under Annex IX (antiques)" - I shall try ammending some listings with the necessary information to test this one out; hopefully it will allow a small proportion of my listings to comply and continue to be sold in Europe.  Fortunately I do have stock presently never having been listed yet that will also meet this criteria if successful.

"I don't think the GPSR was ever intended to cover the likes of books, magazines, newspapers etc. but they're not specifically exempted anywhere that I can see unless they're not considered "products"." - This is exactly my thought also, but like you I have not been able to find them on an exemption list either, so I guess it is the end of selling any books under 100 years old in Europe.  The time required to complete any necessary information, if it is fact possible, would make the investment in time non-viable for any likely return in that investment as most are 'one-off' listings.

My last hope will be that this may be covered in some way during the UK Export Academy webinar on Monday.

[gl_trading]

There is an exemption list available to download on eBay, it's an exell doc but I can't find the link now, (will post it if I can find it again or maybe someone else on here has the link). It's a long list but mainly stamps, collectables & coins. The only book category on it is: 

29223 - Books, Comics & Magazines:Antiquarian & Collectable

[ett1954]

Thanks for that; it would be great if that could be confirmed by someone as many of my magazines already fall into that category and many currently in the collectables categories could be legitimately transferred into 29223 - Books, Comics & Magazines:Antiquarian & Collectable.

I haven't previously seen the link you refer to.

[gl_trading]

Found it, just sent it to you on an ebay message via your selling account - don't think I can post it on here

[gl_trading]

click the: Which categories are excluded from the GPSR? section & the link is at the bottom- To view the entire list, download our......

[ett1954]

Thanks for that, so helpful.  Now the hardwork of changing those listings that are compliant under that category.

Thanks again.

[cooksongold]

@4_bathrooms is correct, the terminology used 'placing on the market' and 'making available on the market' come from the blue guide - of which the exerpt on placing o nthe market is below. I don't think the highlighted text could make it any clearer that it refers to each individual product.

An example would be Nintendo Switch. Assume I am HMV France. I would have first received Nintendo Switches from Nintendo of Europe at some point just prior to 3 Mar 2017.  You might even argue the placing on the market would occur when Nintendo of Europe got them from Nintendo of Japan - all depends on the supply chain. But a Nintendo Switch I received today, would have been considered placed on the market for the first time...today.

If I am Switch Seller UK on ebay - I'm not in the EU. The point at which a Nintendo Switch I receive today is first placed on the market is the point at which it is sold to a customer in the EU/NI.

[555njp]

And that makes complete sense as to why the regulations are so complex.

Had the GPSR only been intended to apply to what would have essentially been new products made post Dec 13, the regs would have been so much simpler and need not have even mentioned secondhand categories etc. etc.

It's still market protectionism dressed up as safety though and our Trade and Industry people have failed online sellers big time by accepting this has also to apply to NI (part of the UK). The border type (hard/soft) is irrelevant, NI is part of the UK so GB should still be able to ship there without compliance. 

[baby_buzz_direct]

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@cooksongold wrote:

@4_bathrooms is correct, the terminology used 'placing on the market' and 'making available on the market' come from the blue guide - of which the exerpt on placing o nthe market is below. I don't think the highlighted text could make it any clearer that it refers to each individual product.

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Such an interpretation could not possibly work in case of the GPSR, as it would mean that any stock sitting already in warehouses somewhere could not be sold in the EU anymore after 13 Dec. at all,  as these items won't have for instance the contact details of the GPSR representative on the label or the packaging.

I have been told by somebody offering EU GPSR representation that there will be in practice some kind of transition period after 13 Dec anyway.

[cooksongold]

Such an interpretation could not possibly work in case of the GPSR, as it would require that all stock sitting already in warehouses somewhere could not be sold in the EU anymore after 13 Dec. at all,  as these items won't have for instance the contact details of the GPSR representative on the label or the packaging.

its actually in a transitional period at the moment.

Welll...yes, it could - if the product in question adhere to what the EU mean by 'placed on the market'

So if your warehouse belongs to a distributor in the EU who purchased the goods from someone - that is what they mean by being placed on the market. Doesn't matter if it doesn't have GPSR representatives on it - it was placed on the market prior to 13/12/24. 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.

If they are intending to offer some sort of extension on the rules, well, they are running out of time to announce it.

[555njp]

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@cooksongold wrote:

If they are intending to offer some sort of extension on the rules, well, they are running out of time to announce it.

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I suspect that will be to cover stock in the system, I.e. sold but not delivered.

Also to give the online market places some time to remove/hide non-compliant listings, software which eBay seems to be testing now. 
It's also going to take time for the courier companies and customs to get to grips with the new labelling compliance checks.

I know private sales are supposed to be exempt but I still  believe eBay will have to apply the compliance rules across the board due to the high number of private accounts which actually are businesses.
Either that or force anyone exceeding say £1000 of sales a year to become a business (neither of which will be popular!).