GPSR - eBay, since you're doing webinars now, please explain Article 51?

[socknroll]

So I've just come back on to the forums to see if I can find anymore information on GPSR, as I've been looking for a definitive answer for months now, especially when pertaining to Article 51.

I see eBay are having a webinar today, but my issue is, why can't they just make a post on the forums, clearly outlining everything people have had problems with?

We just want to a clear explanation on Article 51.

It states any items sold into the EU market before the policy started, would be exempt. I just want to know how on earth is this being enforced?

How are customs checking each parcel coming in, identifying what items are inside the parcel, and then knowing whether they fall in line with Article 51 or not?

We haven't bought any new stock since spring last year, so realistically, 99.9% of our listings *should* be exempt, as the majority of the products have been sold into the EU market.

I just want to know if our items upto this point are fine and don't need additional information, so then I know I can just focus on any new stock we get, and make sure that has the necessary information applied to them.

Thanks

[jonat_broad]

That webinar was just being promoted by ebay.

It was a webinar being run by  UK Department for Business and Trade.

With regards to Article 51. Obviously it is impossible to enforce and check every parcel. Just like the police can't catch every speeding car. But there is of course a risk that they MAY check your parcel.

As for Article 51 - this is still as it was and ebay have offered their interpretation. My interpretation having read the rules is placing on the market applies at individual unit level (not just product level).

As such if you were outside the EU, each individual unit is placed on the market at the point you sell it to an end user in the EU. Placing on the market would only apply if you were in the EU and had purchased your stock from a supplier.

Again, just my interpretation.

[simplyessential_uk]

Like any policy there is a grace period.  If there is a check at the border of an item then they may ask you for your invoices of purchase - realistically they are not.  The GPSR is basically there for any problems with items after the event or if there are suspisions of an items safety, its not as a border checking tool for Ebay/Amazon parcels, more likely electrical/large containers from China.  Lots of ppl are getting in a tiz about this and not understanding exactly why its come into force.  Its there to "mop up" any items that do not fall under their own specific regulations.  So for example I sell massage oils which come under Cosmetic regulations (CPSR) so GPSR does not apply to these, but the border control wouldnt open my package, ask for my PIF (Product information File) to make sure Im meeting CPSR regulations and the ingredients are legal.  I wouldnt get too hung up on Articles and like any legislation after 12mths theres tweaks and changes.

[4_bathrooms]

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@socknroll wrote:

We just want to a clear explanation on Article 51.

It states any items sold into the EU market before the policy started, would be exempt.

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That isn't what it states. It states:

"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."

"Making available" (2.2) and "placing on the market" (2.4) are legal terms defined in the EU's Blue Guide. Where a sale facilitated by an online marketplace is concerned section 2.4 states:

"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." 

The reason for Article 51's existence can be found in Article 52:

"This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

It shall apply from 13 December 2024"

The regulation entered into force on 12th June 2023 but there was an 18 month transitional period until it was enforced. Article 51 simply exempted items sold between 12th June 2023 and 13th December 2024 from needing to comply with the GPSR despite the GPSR actually being in force (but not enforced) during that period. As per the GPSR: 

"In order to allow economic operators and providers of online marketplaces sufficient time to adapt to the
requirements of this Regulation, including information requirements, it is necessary to provide for a sufficient transitional period after the date of entry into force of this Regulation during which products covered by Directive 2001/95/EC which are in conformity with that Directive may still be placed on the market. Member States should therefore not impede the making available on the market of such products, including offers for sale."