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

[4_bathrooms]

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@wyntersemporium wrote:

I've just been on gov. Uk was looking for something else.

spotted this 

uk-carrier-scheme 

not sure if it applies to us??

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I've looked into this and - as far as I can work out - this might help some of those who want to ship to NI.

First, the business needs to register with the Trader Support Service (TSS); this is a free service. Then the business needs to register with the UK Carrier Scheme (UKC). When prompted by UKC for details of the indirect customs representative in Northern Ireland the business needs to enter the TSS's details. As per the TSS:

"The Trader Support Service can help your business adapt to the changes. The service is free to use and:

• offers comprehensive education, training and advice about the changes to the way your goods move under the Windsor Framework
• can complete customs and safety and security declarations on your behalf where these are required for movements between Great Britain (England, Scotland and Wales) and Northern Ireland so you do not have to access HMRC systems directly"

Which implies the TSS is the business's representative in Northern Ireland for eBay's GPSR purposes as well.

Note this only applies to goods sent from a GB business to a consumer located in Northern Ireland; it does not facilitate sending goods to the EU. The buyer must be a consumer (not a trader) and the business will need to keep the records indicated by UKC.

When it comes to those who want to send goods that don't require CE marking and/or goods that aren't required to follow EU labelling legislation the above should be all they need to do. However, those wanting to send goods that require a CE mark or that need to follow other EU labelling legislation will likely still need to obtain the information and documentation eBay is asking for.  

[555njp]

How would you only offer the product to a consumer (I.e. exclude business buyers)?

[4_bathrooms]

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@thebetterdog wrote:

I sell second hand vinyl/CD's etc. And, if I understand this correctly, as they were all manufactured before the december deadline, I'm all fine and dandy, yeah? 

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No. Goods that were placed on the EU market before the deadline are presumed to be compliant. For goods that require CE marking and/or that are required to meet EU labelling legislation it is the manufacturer or the entity who commissioned the compliance checks who placed the item on the EU marketplace. Well, that's my interpretation anyway.

[555njp]

Just been into my private account to list some unwanted bits and now in the template an Item Disclosure field has appeared.

My understanding was Private sellers are exempt?

Below that it only asks for Product Documents whereas on my Business account it asks for:

Product Manufacturer, Product Documents and Product Safety Information.

Obviously the regs don't come in for a few months yet but by switching the Product Docs off, it has let me list.

I did wonder how eBay would be treated if a Business was to use a Private account to circumvent the regs? Maybe they have to ensure private sellers comply too? I really don't know.

[4_bathrooms]

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@555njp wrote:

How would you only offer the product to a consumer (I.e. exclude business buyers)?

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You would need to cancel the sale if the buyer was a business as you can't send items to NI businesses under the scheme ("Problem with buyer's address"). If you found out after you had already shipped the item that the buyer was a business - i.e. they asked for a VAT invoice after delivery - you would need to file a report via the scheme.

[salden39]

Would really like to know the answer to this too otherwise like most here I've no choice but to remove EU and Northern Ireland from my GSP locations

[4_bathrooms]

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@555njp wrote:

Just been into my private account to list some unwanted bits and now in the template an Item Disclosure field has appeared.

My understanding was Private sellers are exempt?

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They are. What sort of items were they?

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@555njp wrote:

I did wonder how eBay would be treated if a Business was to use a Private account to circumvent the regs? Maybe they have to ensure private sellers comply too? I really don't know.

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I believe this is how eBay are trying to ensure traders don't use private accounts in order to circumvent the rules.

[555njp]

Apple earphones (opened never used), some Dyson vacuum parts (all second hand) and some old engineering tools.

I have Europe switched off but NI still on for all.

I've actually just de-listed them again as I should get the 80% FVF next week. No rush to shift them.
I just know when I listed a few things last month/6 weeks ago that field was definitely not showing on my template?

[lens-sage]

Like I said, the implimentation is what worries me.

This is not my "advice" this is infromation directly from ebay.

Let's take the passage from your email, for example, and click the link "To learn more about the GPSR and the products that are excluded, visit our General Product Safety Regulation page."

And you will find the following information:

"according to Article 51 of the GPSR, products that were first supplied to the EU market before December 13, 2024, and comply with the General Product Safety Directive (2001/95/EG), can continue to be sold without adding GPSR-required information in listings. This applies even if the manufacturer has gone out of business. For example, if you're selling a compliant product that was made available in the EU before the specified date, you don't need to include GPSR-related information, such as the manufacturer's details, in your listing."

That is ebay on record as stating that any product available to the EU market BEFORE December 13th can continue to be sold without adding GPSR required information.

"if you're selling a compliant product that was made available in the EU before the specified date, you don't need to include GPSR-related information"

It's right there in plain English on ebay's own website.

The problem is there are currently no means by which to decalre this.

But again, going by Article 51, and ebay's citing of it, they should not be forcing people to add the information to their current listings, which are inerently available in the EU before December.

It's like saying, in September "You can't wear blue shoes without a blue shoe license after December 13th. If you were already wearing them before December 13th, you will not need to have a license.......PS: Please present your blue shoe license or we'll confiscate them."

[lens-sage]

And on the subject of second hand items, again, this is directly from ebay:

Article 51 of the GPSR is also applicable if you sell second-hand products that were first supplied to the EU market before December 13, 2024, and comply with the General Product Safety Directive (2001/95/EG). For these products, you’re not required to provide GPSR-required information in your listings. However, you may still have informational obligations under other regulations. We encourage you to add any GPSR-related information to your listings if you believe it’s necessary. 

[lens-sage]

It's worth pointing out that neither of those two parts of the FAQ citing Article 51 were present on that page a few weeks ago.

It's almost like one part of ebay has woken up and become aware of this, whilse another part is still merrifly carrying on with blanket enforcement.

[lens-sage]

I also found these messages, which I mentioned previously. Again, this isn't my advice, just more examples of ebay citing Article 51

[lens-sage]

And this one from July

[ojewellery]

NI is the bit thats annoyed me most about all this. 

I filled in the TSS application - took about three minutes - just needed name address, company name, company number VAT and EORI numbers.

Got a confirmation email straight through with my membership number

Have also filled in the UK Carrier (UKC) Scheme application form, downloaded it and sent in via email to HMRC along with proof of company operating in UK (business bank statement), TSS number (PDF print out of the email confirming membership number) and the filled in form.

There were a couple of text boxes asking to declare how you'd keep records of what you send to NI - I have a multiplatform third party solution looking after my stock/ transactions/ linking with shipping so explained how my digital transactional records are kepts and available for digital upload to the relevant system when required.

The only other box that might need a bit of thinking about is the one that asks which customs codes you use.  If you sell a bit of everything I guess that could be a bit tricky - or you just list a lot of codes to cover all.  Its a free text field so not hard to do.

The only stumbing block I had to stop and read up on was the Name of your Northern Ireland established indirect customs representative screen - on a quick bit of online research turns out its TSS (the first scheme that @4_bathrooms mentions in their previous post) :

Its not about the money for me, its that NI is part of our nation.  We need to look out for one another and not annex or alienate parts of the country.  This has taken less than 30 minutes and will hopefully enable me to keep NI on my shipping list.

I sent a business card request to the regulatory team early today but haven't heard back.  I have every intention of talking to lots of people tomorrow at the open and really hope that if enough of us do so, we'll be able to get better direction.

[delfosse77]

What has a European Union (EU) law have to do with Labour when it doesn't apply if you only sell in the UK

[ojewellery]

Well I have the most bizarre update on this.  The official (not official) advice is do nothing!  Don't switch of EU and definitely don't switch of NI.

I'm really frustrated!  I'm hoping there will be a recording of the regulatory session which includes the comments from Liv Ellingsen (senior in regulatory) who said just fill in what you can and keep selling. EBay won't sanction or chase sellers unless the regulatory bodies force their hand.

[therenewalworkshopltd]

lol, I think the obvious thing to do here, is literaly wait until the date passes and see what happens.

Nobody is really going to know until then.

FYI, just saw that the Feeback policy page has now been updated, it's probably worth a read.

[greatgiftshampshire]

Have had an appauling conversation with customer service regarding this, the agent sounded like they was asleep,

Basicaly what I have been told is that it dosn't matter if you take EU and NI down, 

I explained most of my stock I get from auctions or end of line stock so only have the information that is on the packaging nothing else,

I have submitted three times now so far 2 of 3 rejected listings taken down,

I have tried speaking with someone regards to this within ebay and all they say is "we are sorry for that" and confirmation that listings will randomly be taken down, 

When I explained that this will obviously impact my business in obvious ways I was told thats just the way it is ...

so basically I think this will be the end of many small businesses on ebay, I myself will be winding down 

[therenewalworkshopltd]

Hang on, this hasn't actually kicked in yet, so are you quite sure that you are getting rejected because of it and not something else?

[greatgiftshampshire]

ebay are already getting ready for the 13 December, no other reasons given and the requests are regarding GPSR So yes very sure , very sorry to say,