Hi hopefully the following may help everyone.
Webgate.ec.europa.eu
The founder of this company has posted on the small business UK subreddit and is answering questions from business owners.
I asked about products brought to market, and also the need for second hand items to have the required information.
He linked me the above page and also replied this:
"The directive has 2 definitions that you are interested in. Basically, one is importing an item to the EU and selling it there, and the other is selling it in the EU.
*(6) 'making available on the market' means any supply of a product for distribution, consumption or use on the Union market in the course of a commercial activity, whether in return for payment or free of charge;*
*(7) 'placing on the market' means the first making available of a product on the Union market;*
As for the second hand items, please chech Q&A as there is question "Question: How does the GPSR apply to second-hand products?" [https://webgate.ec.europa.eu/safety/consumers/consumers\_safety\_gate/obligationsForBusinesses/documents/Q&A.pdf](https://webgate.ec.europa.eu/safety/consumers/consumers_safety_gate/obligationsForBusinesses/documen...)
"
*Answer: The GPSR applies to all products placed on the EU Single Market, whether new, used or repaired. The only exception is products clearly marked as to be repaired or reconditioned as well as antiques. The GPSR also covers second-hand products, which as new products were initially covered by union harmonisation legislation.*
*The requirements differ, similarly to new products, depending on who sells the product:*
*(1) If an economic operator or trader sells the second-hand product, they must ensure it complies with the GPSR.*
*(2) If a consumer sells the second-hand product, they have no specific obligations under the GPSR, unless they are considered to be an ‘economic operator’ or a trader who offers the product for sale via an online marketplace.*
*Second-hand products initially placed on the EU market as first hand product from 13 December 2024 will need to comply with the requirements laid down in the GPSR: distributors must verify that the manufacturer or the importer complied with certain specific requirements of the GPSR on traceability and labelling before making a product available on the EU market; and ensure that they do not jeopardise the safety of the product during storage or transport. Products that were already placed on the EU market before 13 December 2024 can remain on the market with no new requirements linked to labelling, including for resale as second hand after that date, provided that they complied with the GPSD.*
"
I think that's the most accurate answer anyone can give you, as it comes from the EU commission.
As for the console question, it looks like you are selling something already imported, thus complying with regulations. That would make you a distributor, I guess. All you have to do is verify that the manufacturer and, where applicable, the importer have complied with the requirements. Take good care of the product while it is in your possession, and eventual ly report if it is not safe."
So I think we're good for current items? Placed on the market means, for the first time, so anything already available has already been 'PLACED' on the market.
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