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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@jayfive2001 wrote:

I'm going to at least temporarily remove EU/NI on an account level a few days before the 13th to find out if and how eBay are policing this

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There shouldn't be any need to explicitly change the country settings for your listings . Ebay appears to have changed their policy now to the effect that non-compliant listings are just not shown in the EU/NI (see the last point in the FAQs at  https://www.ebay.co.uk/sellercentre/global-sales/general-product-safety-regulation )

[jayfive2001]

Oh well that’s good at least - now the new question is will eBay give us tools to inform us which listings are not visible and why?

[dwtrading2015]

"now the new question is will eBay give us tools to inform us which listings are not visible and why?"

Yes, they will gives all the right information, but not necessarily in the right order.*

*Eric Morcombe.

[a45heaven]

bit late for the poor folks in NI - I for one wont be rushing to start selling to NI until the process is seen in operation.

Any more been sprouted about ebay fining none compliance to GPSR ?

[trafton.-47]

"the retailer is not the manufacturer unless they meet the GPSR's definition of a manufacturer"

Just be aware of that slightly odd GPSR definition of 'manufacturer'. If you're selling secondhand goods or other companies' branded products then you're a retailer. But, if your branding is on the item and/or you commissioned the production of an item from a factory or producer of any kind, then you become the 'manufacturer'. For example, the act of paying a company in China to make woolly hats for you to sell to customers will, in the EU's eyes, make you, not the Chinese factory, the manufacturer. It's based on who causes an item to manufactured, not the actually physical production of the item.

[4_bathrooms]

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@trafton.-47 wrote:

For example, the act of paying a company in China to make woolly hats for you to sell to customers will, in the EU's eyes, make you, not the Chinese factory, the manufacturer. It's based on who causes an item to manufactured, not the actually physical production of the item.

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It has always been that way - the brand that appears on the product and/or the packaging is deemed to be the manufacturer for the purposes of consumer law (this applies in the UK and the EU).   

[trafton.-47]

It may always have been that way, but only now, with GPSR, is it relevant. As it's not a conventional use of the word 'manufacturer', it needs to be highlighted. It seems from discussions on this forum that many people are not yet aware of that rather strange definition.

[4_bathrooms]

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@jeznorthbay wrote:

blimey, it seems your determined to miss the point. Pick any type of shop / seller. 

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I've already picked two from the examples you gave and explained how they're not going to be affected by the GPSR...

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@jeznorthbay wrote:

The new rules apply to every manufacturer, whether inside the EU or not & my point was that in the EU protests are much more common that they are here, but there haven't been any on this

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An EU-established manufacturer will already have everything they need to comply (list of materials & origin, necessary manuals & documents etc). As they are EU-established they do not need to employ an EU-established responsible person as they fulfil that role themselves.

A non-EU established manufacturer making exactly the same product using exactly the same supply chain cannot have their products placed on the EU market unless they employ an EU-established responsible person. This is a cost they will obviously have to pass on so there will effectively be a tariff for placing their goods on the EU market. The non-EU established manufacturer will likely end up unable to compete with the EU-established manufacturer where the EU market is concerned.

So why is the EU-established manufacturer going to start protesting and burning the EU Commission's flag when the EU Commission will have effectively handed them the EU market for the goods they produce on a silver platter? 

[dwtrading2015]

I still contend, the confusion and lack of information and clarity still indicates a last minute suspension.

[jeznorthbay]

Again, your obvious anti-EU attitude isn't helping you or others understand some of the basics. The 'responsible person' aspect isn't something that your average person can do. It's someone with the legal knowledge & authorisation to interact with the various authorities involved. Larger companies could & already so employ such people to ensure regulatory compliance, but the sorts of businesses or sellers we are talking about here don't. 

Business in EU countries are starting to complain now, but it does seem lots of them think there are misunderstandings about certain terms.

If you're looking for where to put the blame for this legislation it isn't the EU (the UK have similar legislation in preparation), it's online platforms like Ebay & Amazon who have done nothing to stop low quality products from sellers in China & elsewhere flooding the market with untested products.

[trafton.-47]

I rather doubt it, unfortunately; I think they've gone too far down the line to back away from it now. Political pride, not least in virtue-signalling, is at stake, which counts for more than any practical or business benefit.

The EU Deforestation Regulation, which affect anyone selling timber-based products, from fencing and wardrobes to books and toilet roll,  was meant to come into force on 31 Dec 2024. Last month, we understood that it had been postponed due to the complete lack of readiness of the market and the EC's failure to create a useable online reporting platform. But now it seems it hasn't been postponed at all and ministers in the European Parliament are still debating whether or not there should be a delay. If it does go ahead and bring it into force there will be utter chaos. 

It's quite possible, then, that the EC will go ahead and introduce this month two major trade-critical pieces of legislation for which there has been completely inadequate preparation and in the absence of firm, clear, unambiguous guidance for ALL affected industries in all affected countries.

Who needs Russian and Chinese saboteurs when the EC ineptitude, plus the inertia of our own government and big trading platforms, can create more than enough mayhem between them?

[4_bathrooms]

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@a45heaven wrote:

Any more been sprouted about ebay fining none compliance to GPSR ?

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eBay won't be fining anyone. If a "dangerous product" enters the EU market via eBay's marketplace due to eBay's negligence it will be eBay receiving a fine:

"In order to have a significant deterrent effect for economic operators and, where applicable, providers of online marketplaces to prevent the placing of dangerous products on the market, penalties should be adequate to the type of infringement, to the possible advantage for the economic operator or provider of an online marketplace and to the type and gravity of the injury suffered by the consumer. Penalties should be effective, proportionate and dissuasive."

"1.   Member States shall lay down the rules on penalties applicable to infringements of this Regulation that impose obligations on economic operators and providers of online marketplaces and shall take all measures necessary to ensure that they are implemented in accordance with national law.

2.   The penalties provided for shall be effective, proportionate and dissuasive."

[dwtrading2015]

"blame for this legislation it isn't the EU (the UK have similar legislation in preparation)"

Too often these schemes are solely from the EU as the EU keeps trying to make itself special and important and fiddle the markets to suite itself.  The UK continues to covertly implement the EU diktats through supporters embedded all through the political and civil service institutions.  Should we ever have a Brexit, we can finally start dumping the 3000 EU laws, net zero and whatever other mad cap system is about to be introduced derived from the EU.  The anti-EU sentiment is boiling over again thanks to net zero, GPSR will only serve to highlight the folly of these EU schemes.  Lets hope there are protests on the streets in Europe after the people find out how easily they can be cut off from and isolated.  This is nothing about anti-EU or whatever, this is about yet more red tape that will not serve anybody and simply prevents free trade.

[jeznorthbay]

You really need to stop this & you need help. Not that facts matter to brexit supporters, but Net Zero was first put into legislation in the UK not the EU & the entire concept come from UN negotiations, not EU ones. Your mention of 3000 EU laws is firm proof of the damage that was done by the leave campaign & gutter press lying. Of all the UK laws & stat instruments that involve some form of aligning to those in the EU the vast majority were either proposed by or fully supported by or introduced by the UK during its membership. Somewhere between 55 & 79 times did the UK vote against something & were defeated. As for the laws that did apply during our membership the vast majority were about rights & protections against exploitation of the population. 
There is a lot of red tape, too much but what has been proven since brexit is what most sensible people always knew; the small-mindedness of the UK is champion at red tape, far more than the EU were. 

Can you know stop posting rants about the EU & stick to the subject.

[equinox-electronics]

This is a quote off the gov website from yesterday....

Businesses should note that, in accordance with Article 51 of GPSR, the regulation applies only to products placed on the market from 13 December 2024. No action needs to be taken for products that have already been placed on the market in NI before 13 December 2024 and which comply with relevant pre-existing product safety legislation.

[jeznorthbay]

Yes, this has been pointed out already but the confusion is that it some seem to think it means a product line & some say it means individual units of that product. For example, if a seller advertises they have 10 units of a specific item they can continue to sell those until those 10 are sold out. If they then re-stock the same item & offer more after 13th, those will be subject to the new rules as they're 'on the market' before that. 

[goodfella66]

Updated from Ebay today:

GPSR also requires that information is provided about products - there are no changes required to your account. In the case of missing GPSR information for a specific listing, we may put the listing in question on hold, or restrict its visibility in the EU and/or Northern Ireland. However, there should not be GPSR-related action at an account level unless a relevant amount of listings are reported or a seller repeatedly violates requirements after suitable warnings.

Impacted listing(s) will come off hold or have visibility restored when the required GPSR information is provided, unless there are other reasons the listing is on hold. There should not be any impact to that listing’s history or search ranking. If a listing is put on hold, we’ll be sure to reach out to sellers via email, message centre and other relevant channels.

Regardless of the EU's rules, Ebay are going to insist on the information required. EU & NI will definitely now being blocked. Can't afford to have listings "on hold".

[lens-sage]

Absolute shambles.

9 days away and both ebay and the GOVERNMENT are still scurrying around changing, amending, withdrawing and editing things.

Nobody can agree whether "product" means "product" or "1 individual example of a product"

Some people think it only applies to an individual example IF it was SOLD before December 13th which makes no sense to me because why make a distinction about something that is obviously inherently exempt? Of course if it was sold before the 13th it's exempt. Why would there be an entire article and "blue book entries" to explain that?

"we may"

So they may not, as well, but it's anybody's guess.

Then you have CS telling you that a simple disclaimer will be more than sufficient for for older used items etc.

How can the UK government, let alone ebay, still be making things up as they go along with just over a week to go?

[lens-sage]

"Please note that the above summarises our current approach. As with all regulations, our approach may change as the regulatory environment evolves, in which case we’ll be sure to update sellers accordingly."

That's like politician speak for "We don't really know 100% what's going on because the people who made the regulation don't seem to know, either."

How can their approach to something so far reaching and so important be so inexact? So vague?

[moldosgifts]

VPN will hide your ip address but not your actual address so cant see the same problem.