@reynardnoirrailwayana2015 wrote:
Regarding section 2.3 about the applicability of the regulations.
This line about when GSPR would apply is very interesting:
"When made available for the first time on the union market"
We mostly sell second hand model trains, the majority of which are from Germany, Austria and France, and have been sold there previously.
So here are the latest queries that this thows up...
If an item has been sold in the market previously then the regulations do not apply?
If the above is the case (which we can prove) how do we state that on our listings so that ebay does not restrict them as non compliant?
We have some items made in the GDR, acquired from UK collectors, which we cannot prove were sold in Germany prior to the creation of the EU, but some identical items we can show came from collections in Germany - how will they be differentiated by ebay?
Some clarity on this from ebay would be very helpful
If you read further down in Sect. 2.3 of the Blue Guide, you can find this
As for ‘making available’, the concept of placing on the market refers to each individual product, not to a type of product, and whether it was manufactured as an individual unit or in series. Consequently, placing on the Union market can only happen once for each individual product across the EU and does not take place in each Member State. Even though a product model or type has been supplied before new Union harmonisation legislation laying down new mandatory requirements entered into force, individual units of the same model or type, which are placed on the market after the new requirements have become applicable, must comply with these new requirements
So this means that unless that particular individual physical item in question has been already in the EU before 13. December the GPSR applies to it. So anything you send to the EU from 13 Dec. onwards will have to comply.
