GPSR clarification please

[rclark8449]

So we really need some help here , from what i have read on the subject selling vintage and second hand goods into europe after december will be all but impossible , its ok if you sell antiques over 100 years old but the entire collectors market except for stamps and coins looks to be over , theres millions of sellers here that use sales sites like ebay to sell there goods , theres no exceptions here you need to give information that whilst easy on modern product are going to be impossible on vintage items where the companys are long defunct , And this nominating a responsable party is going to be to expensive and unworkable for multi item listings , This GPSR is fine if you produce new items or are in the distibution part of the trail but for vintage and second hand sellers which Ebay was founded on Europe and Ni will be forbidden territorys , i have been selling worldwide on ebay since there was only .com and no country sites this for my buisness and every one in the vintage will be a massive step backwards , there needs to be some concrete answers on here on how to move forward , simply blocking EU and Ni is not that answer 

[bojangled]

Hi, I don't have an answer.
Like you I sell a lot of one-off ephemeral items. 

There is absolutely no way I'm faffing about with this. Financially it's not worth it. 
Unfortunately my only solution is to switch off EU and NI. 

[rclark8449]

Yes i think thats what a lot of people will do but it cant be the answer , we are talking global sales of vintage items to the EU to stop overnight , thats everything bar stamps and coins , its just unimaginable , theres got to be a workaround here , E bay are promising new tools to help with this in july so lets hope thay have some answers otherwise theres going to be a lot of poorer sellers on here!

[roverviews]

Excuse my ignorance..  Maybe someone could explain.. what is GPSR? Ive not heard of that before.

[ojewellery]

https://commission.europa.eu/business-economy-euro/product-safety-and-requirements/product-safety/ge...

Cut from the above....

Objectives:

• ensuring the safety of all products, including those linked to new technologies
• addressing challenges posed by the growth of online sales and in particular via online marketplaces;
• ensuring a better enforcement of the rules and more efficient and even market surveillance;
• improving the effectiveness of recalls of dangerous products in the hands of consumers.

What's new?

• Precautionary principle shall be widely applied by all stakeholders for product safety
• Specific product safety obligations for both economic operators and providers of online marketplaces
• Reinforced product traceability requirements
• List of aspects to be taken into account when assessing the safety of products, including for new technologies
• Accident reporting to authorities by businesses
• Reinforced market surveillance rules
• Specific rules on how to handle product safety recalls, including a mandatory recall notice template, and right to remedy for consumers

For eBay sellers it means needing to have a person with physical presence in EU to be the economic operator to legally sell just about anything into the EU. 

If you're selling big label current products they will have that person so its an admin task to find them and ensure a compulsory new range of fields are completed (manufacturer, SKU/ unique identifier/ Contact details and address for Economic operator). 

If you're selling older items, items from smaller sellers, unbranded or self branded items you need to create an economic operator role based in EU/ potentially outsource the task to a company in the EU.

[stampsnallsorts]

I am an ebay concierge member. I had a very long discussion about this yesterday without success. There are still looking into this. 

I am ebays global shipping program. As I see it as it stands my only option is to block all sales into Europe by excluding that in my postal options. If that does not work then I will have to revert to UK sales only.

[stampsnallsorts]

Below is a copy of a letter I have just sent to Dept for Trade and Industry on this subject.

How can a business continue to trade into Europe after Dec 13th 2024 under GPSR as collectibles are now to be included in this regulation. In my field of trade most of my products are less than 100 years. It would be impossible to provide the required information for my products as in most cases manufacturers are either not known or no longer trading.
IE -
1. - Kiloware stamps sold by weight as collected by charities. The stamps contained could come from any country in the world of any age used or unused.
2. A collection of items stamps, coin or postcards etc. Same applies.

This not only will effect my business but thousands of businesses across the UK if we have to adhere to this regulation as it stands. The way I see it after the 13th Dec I will have no option but to cease all trade with the EU.

I am an eBay concierge member and as yet eBay have no answer to this problem.

What the heck are UK businesses in our field supposed to do?

HELP PLEASE.

[spence0175]

Please let us know when you hear something or at least some clarification to the terms.

[midlandrailway]

I sell collectable books and only occasionally sell to EU and NI but what I find strange is that I could take a trip on Eurostar, or a ferry to Befast with my "reading" book and deliver to a customer withou any checks. I think its barmy and I will go UK only in December.

[stampsnallsorts]

It is not eBay that have put collectibles into this but the EU. GPSR refers to ALL NON FOOD PRODUCTS.

When I get an answer I will post it here

[moonspender]

I decided to read the regulations and found the following are ok, stamps and coins dont need to be over 100 years old. Still excludes most vintage stuff though. Ive attached the links and tried to make it easy to follow. I have spoke to ebay and provided them with the following -

main page

https://commission.europa.eu/business-economy-euro/doing-business-eu/eu-product-safety-and-labelling...

UK document

https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32023R0988

Antiques, such as works of art or collectors’ items are specific categories of products which cannot be expected to meet the safety requirements laid down by this Regulation, and should therefore be excluded from its scope. However, in order to prevent other products from being mistakenly considered as belonging to those categories, it is necessary to take into account that works of art are products created solely for artistic purposes, that collectors’ items are of sufficient rarity and historical or scientific interest to justify their collection and preservation, and that antiques, if they are not already works of art or collectors’ items or both, are of an extraordinary age. When assessing whether a product is an antique, such as a work of art or a collector’s item, Annex IX to Council Directive 2006/112/EC (13) could be taken into account.

Annex IX to Council Directive 2006/112/EC (

https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=OJ:L:2006:347:FULL

ANNEX IX

WORKS OF ART, COLLECTORS' ITEMS AND ANTIQUES, AS REFERRED TO IN POINTS (2), (3) AND (4) OF ARTICLE 311(1)

PART A

Works of art

(1)

Pictures, collages and similar decorative plaques, paintings and drawings, executed entirely by hand by the artist, other than plans and drawings for architectural, engineering, industrial, commercial, topographical or similar purposes, hand-decorated manufactured articles, theatrical scenery, studio back cloths or the like of painted canvas (CN code 9701);

(2)

original engravings, prints and lithographs, being impressions produced in limited numbers directly in black and white or in colour of one or of several plates executed entirely by hand by the artist, irrespective of the process or of the material employed, but not including any mechanical or photomechanical process (CN code 9702 00 00);

(3)

original sculptures and statuary, in any material, provided that they are executed entirely by the artist; sculpture casts the production of which is limited to eight copies and supervised by the artist or his successors in title (CN code 9703 00 00); on an exceptional basis, in cases determined by the Member States, the limit of eight copies may be exceeded for statuary casts produced before 1 January 1989;

(4)	tapestries (CN code 5805 00 00) and wall textiles (CN code 6304 00 00) made by hand from original designs provided by artists, provided that there are not more than eight copies of each;

(5)	individual pieces of ceramics executed entirely by the artist and signed by him;

(6)	enamels on copper, executed entirely by hand, limited to eight numbered copies bearing the signature of the artist or the studio, excluding articles of jewellery and goldsmiths' and silversmiths' wares;

(7)	photographs taken by the artist, printed by him or under his supervision, signed and numbered and limited to 30 copies, all sizes and mounts included.

PART B

Collectors' items

(1)	Postage or revenue stamps, postmarks, first-day covers, pre-stamped stationery and the like, used, or if unused not current and not intended to be current (CN code 9704 00 00);

(2)	collections and collectors' pieces of zoological, botanical, mineralogical, anatomical, historical, archaeological, palaeontological, ethnographic or numismatic interest (CN code 9705 00 00).

PART C

Antiques

Goods, other than works of art or collectors' items, which are more than 100 years old (CN code 9706 00 00).

[rclark8449]

i relocated to france when Brexit happened to make adminstration easier , i sell worldwide but list on the uk site for the language and coverage , it makes me wonder here whats required to be a responsable operator , can i for example be responsable for my items safety etc , i reside in the EU and i sell collectables to collectors so its unlikely i would have safety issues but basically just guranteeing my stock to be what its meant to be and accepting returns ? , i wonder if you have to be a legal entity to do this or just display your buisness registation details and Vat/Tva numbers , some thing we as buisness already do  

[stampsnallsorts]

Just got a very useful answer from eBay Customer Services this morning July 24th. NOTE The para refering to goods supplied to EU BEFORE 13 December 2024.

Hello David,

Thank you for contacting eBay Customer Service in regards to the General Product Safety Regulation (GPSR) . My name is Fiona, and I do hope this message finds you well.

Firstly, I would like to thank you for your patience in regards to me finding out more information into your queries about this legislation applying to your stamps that you sell on the platform.

eBay has categories dedicated to vintage and antique items. In many categories, you can also provide a Year of Manufacture or Year of Publication item specific.

Model, product, serial, or batch numbers along with EAN or UPC can be used to identify specific products or product runs along with brand or manufacturer details. You should find the appropriate product identifiers for your listing category in the item specifics area.

The law does not provide any exceptions for products that were made by a person/entity that no longer exists.

The GPSR will come into force on December 13th, 2024. Products that were first supplied for distribution, consumption, or use on the EU market (in the course of a commercial activity) prior to Dec. 13, 2024, are exempted from GPSR, as long as they conform with Directive 2001/95/EC.

Providing any information that you have can also help your buyers make an informed decision.

As mentioned, I have also shared your feedback with the designated team about your concerns as your feedback is very important to us.

I trust that this is sufficient and I resolved your query today.

Thank you for contacting eBay Customer Service, and for your continued business. I hope you have a great day.

Kind regards,
Fiona
eBay Concierge

[moonspender]

So we know antiques, some collectables, and most stamps and coins are excluded. The have tariff codes and if inspected should be what they say they are. Is it not just enough that ebay has an option to tick that says excluded as per GPSR, then ownership is then on the seller, if then at customs its checked and not what its described at customs would reject it ?

The issue for antiques is that many antiques have been put in the collectables section by ebay, our section for example is in the collectables section but 95% of our listings are antique.

looking at the antiques section many items are not antique ... its just not policed, again let customs make the decision ?

Why did we waste weeks putting in item specifics is they are not effectively used.

[andrehartford]

So from that response from Fiona it seems you can continue to supply the parts you have already listed but can't list any new items ? That would be bonkers but at least something. I sell new parts for vintage cars I've always used tariff 97050000 on shipments to Eu and not had any problem 

[cernak.m]

It’s mentioned here in this official GPSR document, Article 51: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32023R0988

Article 51

Transitional provision

Member States shall not impede the making available on the market of products covered by Directive 2001/95/EC, which are in conformity with that Directive and which were placed on the market before 13 December 2024.

The transitional provision means that EU Member States cannot prevent products that were covered by Directive 2001/95/EC, and that comply with its standards, from being sold on the market if they were placed on the market before December 13, 2024. In other words, if a product was already on the market before this date and meets the previous safety directive, it can still be sold, and there is no need for it to comply with the new General Product Safety Regulation (GPSR).

If I understand it well, it means that anything produced before this date and complies with Directive 2001/95/EC, which it must, otherwise it would not have been possible to place it on the market in the first place, is exempt from the GPSR.

If this is correct, eBay should just create a new item-specific field “Produced before Dec 2024” - YES or NO, and if NO, ask for additional info for the GPSR, and if YES, then nothing....

Also, so far I found that only eBay is placing this GPSR burden on sellers. If you look up Vinted or other online platforms selling second-hand items, there is no info about it. Why? Maybe it’s because GPSR is a concern for new items, not used/second-hand items, and eBay is maybe just overdoing it?

[4_bathrooms]

---

@cernak.m wrote:

It’s mentioned here in this official GPSR document, Article 51: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32023R0988

If I understand it well, it means that anything produced before this date and complies with Directive 2001/95/EC, which it must, otherwise it would not have been possible to place it on the market in the first place, is exempt from the GPSR.

---

It is not when the product was produced but when it was first placed on the EU market. I know a few sellers have been clutching onto this Article 51 straw but the Official Journal of the European Union (sections 2.3 and 2.4 in particular) defines when an item was first placed on the market.

Any product that requires a CE mark will require the Declaration of Conformity, technical documentation and safety information (where applicable) regardless of when it was manufactured or whether it is new or used - this is something that is becoming a requirement alongside the General Product Safety Regulation. Where a product has a DoC the signee of the DoC acts as the manufacturer and responsible person for the purposes of the GPSR. Any item sold via an online marketplace that doesn't require a CE mark is deemed to have been placed on the market the moment the transaction takes place:

"Some products outside the EU can be bought directly by end-users in the EU online or through other means of distance sales. Although these products are deemed to be made available in the Union prior to any transaction for the purposes of checks by market surveillance authorities pursuant to Regulation (EU) 2019/1020, they are placed on the market at the moment an order by an end user has been placed and confirmed for a specific product already manufactured and subject of the transaction, and ready to be shipped." 

[hilarysbiz]

are you sure? ebay guidance says:

'Which products do the regulations and guidelines apply to?

They apply to a wide range of products which are required to bear CE marking.'

https://www.ebay.co.uk/help/selling/selling/CE-mark-EU?id=5225

[hilarysbiz]

confused!

are you sure no books? ebay guidance says:

'Which products do the regulations and guidelines apply to?

They apply to a wide range of products which are required to bear CE marking.'

https://www.ebay.co.uk/help/selling/selling/CE-mark-EU?id=5225

[hilarysbiz]

are you sure? ebay guidance says:

'Which products do the regulations and guidelines apply to?

They apply to a wide range of products which are required to bear CE marking.'

https://www.ebay.co.uk/help/selling/selling/CE-mark-EU?id=5225