GPSR compliance to products already on sale

[purch-54104]

Hello, I am struggling to find a definitive answer on this. We sell products in UK & EU. Products which are already on sale, will they need to be submitted for GPSR? Or, is it only products placed on the market after that date which the GPSR comes into effect?

[cooksongold]

GPSR shouldn't apply to 'a product' that have been 'placed on the market' prior to 13/12/24. But placed on the market is a very specific term for the EU. If you are in the UK (or at least GB) then each individual unit isn't placed on the market until the point its actually sold to the end user.

Some notes...

'A product' refers to each INDIVIDAL UNIT - not a product type.

A product is 'placed on the market' as per this definition from the EU blue guide...

For the purposes of Union harmonisation legislation, a product is placed on the market when it is made available for the first time on the Union market. This operation should be done by the manufacturer or by an importer. When a manufacturer or an importer supplies a product to a distributor or an end-user for the first time, the operation is always labelled in legal terms as ‘placing on the market’. Any subsequent operation, for instance, from a distributor to distributor or from a distributor to an end-user is defined as making available.

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.

Placing a product on the market requires an offer or an agreement (written or verbal) between two or more legal or natural persons for the transfer of ownership, possession or any other property right concerning the product in question; it requires that the manufacturing stage has been completed. This transfer could be for payment or free of charge. It does not require the physical handover of the product. Sometimes products are manufactured following the placing of an order. An offer or agreement concluded before the stage of manufacture has been finalised cannot be considered as placing on the market (e.g. an offer to manufacture a product according to certain specifications agreed by the parties to the contract, where the product will only be manufactured and delivered at a later stage).

[nadinka_b]

Hello,

Thank you for the answer.

Just to clarify, am I right in saying that 'placing on the market' happens when a product is purchased by the end user, so, therefore, every product that we sell needs to be registered. 

We are a wholesaler that manufactures and imports products. We then sell them onto retailers, who, in turn, supply them to the end users. 

I understand that, since we do not have any control or knowledge of when our products get purchased, we would need to register all our products, since our customers will be in possession of stock that had been sold to them by us in the past but might not have been sold on as of yet. 

Thank you

[moldosgifts]

I'm confused you refer to register 

What you need to do is supply the details on the listing

Manufacturer is you, an EU contact address 

And any safety data not sure about any registration which implies the list of your goods kept elsewhere.

[jj-car-parts]

So selling used car parts should be ok? I mean all these parts were available on the EU market already as they came off 10-20 years old cars in our case, so you could have purchased each of them new. Am I correct? Are used items excluded?