General Product Safety Regulation Regulations December 2024

[knit-in-styles]

I am part of the Ebay Expression where you participate in surveys. Today I received a survey re the new regulations which are coming in later this year if you sell to the EU. The survey was all about the wording of the email that will go out to sellers.

I have to admit, I was not aware of this and have no idea of which products this will affect but is a major change as the suggested email mentioned having to add the product manufactures name, address and contact details, add product safety and compliance information, product manuals on all listings. There is a link to to eBay EU if you are not aware where you can read some of the info.

https://www.ebaymainstreet.com/eupublicpolicy/issues/product-safety

[the_book_seekers]

Annex IX seems to give some pretty tight guidance on what is allowed. For ebay to give a blanket collectables are exempt is dangerous and I have a feeling that EU officials will take a different view, but we'll find out when this thing goes live. Get it wrong and ebay will be expected to take down non conforming listings and there may be a fine from the EU. I've looked for guidance of what any penalty might be and there's no hard and fast answer. This is the best I've found so far -

Whilst early legislative proposals mooted maximum penalties of at least 4% of annual turnover of the breaching party, the GPSR provides that penalties for breach will be at the discretion of each member state. Article 44 of the GPSR provides that such penalties will need to be effective, proportionate and dissuasive.

So anybody's guess. ebay's guidance needs to be spot on otherwise it could be expensive.

[cooksongold]

For ebay to give a blanket collectables are exempt is dangerous

They don't - its possible a member of staff has miscommunicated - but the ebay GPSR page couldn't be clearer. They literally link to Annex IX - as below...

Does the GPSR apply to Collectibles, including antiques and works of art?

The regulation excludes antiques, which, for purposes of this law, includes collectors’ items and works of art since they cannot meet the necessary safety requirements. Specifically, antiques are defined to include items of extraordinary age, works of art (created solely for artistic purposes), and collectors’ items (of sufficient rarity and historical or scientific interest justifying their collection and preservation). To determine if an item qualifies as an antique, please refer to Annex IX of the VAT Directive, which the GPSR specifically says can be taken into account. 

For other categories, you can specify the Year of Manufacture or Year of Publication. Additionally, you can use model, product, serial, or batch numbers, as well as EAN or UPC codes to identify specific products or batches. Include these details, along with brand or manufacturer details in the item specifics area of your listing. You can also provide any additional information you have to help your buyers make an informed decision. 

[farrarscape]

I agree this can only be bad for ebay sales overall, seems many other sellers see the only option to stop selling to EU. Im no expert on Brexit, but if we hadnt left the EU would we not be forced to comply as we would now be internal trading?. This level of BS is beyond my threshold of pain, so the question becomes awkward, what are my career change options as business becomes impossible

[a45heaven]

Whilst this law is not of ebays doing - ebays contributions and guidance meets the usual standard an ebay user has become accustomed to.

So i decided to stop selling to the EU and far more sadly NI.

I suspect the new 'Regulations Fee' ebay already levied will not be reduced, despite this portion of effort they expend will not be required.

Another superior platform i use for set sale, has last week notified sellers of the forth coming GPS regulations. Their guidance was very helpful and usable - so on that platform i shall continue to sell to the EO and NI.

[moonspender]

Im still no clearer on what i need to do, communication has been terrible. Ebay do have a lack of understanding about who their business sellers are ... most are not large corperates but just individuals who created businesses from a passion from selling and as such need Ebays support with this change and time is fast running out.

It also irks me that private " business sellers " will still be able to sell to the EU as i understand they are unaffected

[bzmotman]

"It also irks me that private " business sellers " will still be able to sell to the EU as i understand they are unaffected"

Agree entirely but because they can't comply with the German Packaging Law, no facility for private sellers to load a LUCID number, they won't be selling to Germany. Not sure how the French equivalent works but would not be surprised if France was ruled out as well.

[jonat_broad]

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@farrarscape wrote:

...but if we hadnt left the EU would we not be forced to comply as we would now be internal trading?....

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Yes, that is true. But of course it wouldn't be an issue to appoint a responsible person, as you would have been EU based so the main time sink would be providing the safety docs.

[jonat_broad]

Another superior platform i use for set sale, has last week notified sellers of the forth coming GPS regulations. Their guidance was very helpful and usable - so on that platform i shall continue to sell to the EO and NI.

Why not share the superior platform? I don't think there's any policy against naming other platforms is there?

[jonat_broad]

Its a darn sight clearer here than on amazon!

You need to add manufacturer contacts.
If that manufacturer is not in the EU - you also need to add a responsible person contact in the EU

You then need to supply safety docs/instructions etc. What you supply will vary based on product - some might not even need anything uploading.

[moonspender]

When does the french version come in ? I missed that

[bzmotman]

All you & Ebay are doing is quoting the Law - it does not give any guidance as to how Ebay will implement it.

I will give 3 examples from my own very niche marrket.

1 - German railway ticket dated 1897, issued by company that ceased to exist early 1900s. Exempt as over 100 years old. What action do I take to ensure its visible in the EEA

2 - German railway ticket issued to a competitor in Berlin 1936 Olympics. In my years collecting/dealing never seen before. Not over 100 years old so no exemption there but almost certainly exempt under the collectables of Historical interest. What action is required to gain visibility?

3 - Railway tickets issued by the former East Germany. Country, currency & line no longer exist. Not over 100 years old, is it of Historical interest? Possibily - who decides & what action to get visibility if it qualifies.

Currently still being asked for Product Manufacturer, Product Documents, Safetu information, Take Back policy.

All that I want is guidance on Ebay policy so that I can comply or take my business elsewhere. Too much to ask for?

[bzmotman]

There is an Ebay help page headed Extended Producer Responsibility Selling in France - a small extract to whet your appetite for it

"Unique Identification Number (UIN)

If you’re an importer or business seller with buyers based in France and you’re selling new items, you need to add a Unique Identification Number (UIN) to your account for each EPR category you’re selling in. Additionally, if your item has packaging, the packaging also requires a UIN, regardless of whether the item is new or second-hand. Each UIN shows that your company is registered with a relevant recycling organization."

[moonspender]

Thanks, im like you selling photographic images antique / vintage so your last message with the 3 scenarios interests me as im in the same boat.

I think 2 and 3 fit the criteria of historical interest, cant see German customs kicking off but its just what ebay need us to do ..... I was told verbally by a consierge just to put my name in the responsible person section but im not so sure.

[jonat_broad]

Yeah - thats fair, I would agree ebay need to clarify what they would do. I would guess, but its obvs assumptions.

You'd assume that ebay will simply not require the info if the listing sits within antiques for option 1.

For the others - depends where they sit on the platform I suppose? Could class them as collectables - but the problem with the collectables category is it contains things that would fall under GDPR - for a start the homepage shows Magic the Gathering and Yu-Gi-Oh cards.

[oilydub]

I have unfortunately blocked France already due to the following.

Quote from Ebays Extended Producer Responsibility selling in France

"Tip
If you don’t comply with the UIN regulations, eBay may charge you the corresponding eco-participation fee. This may be more expensive than paying the recycling organization directly. Alternatively, eBay may prevent you from creating new listings or restrict your existing listings, until you comply with the UIN regulations."

[moonspender]

I agree.

Whats the point of item specifics if its not used? The specifics has the question Antique yes / no and there is an option to put the date in, you would think if both of these were completed that would be enough ?

My section for example is under collectables because thats where ebay put it but the items are antique

If you go to the antiques section there are 1000's of listings that are not antique, if ebay excludes that catagory just based on the catagory title " antiques " thats going to cause problems.

[debsbeautique]

Do you mean sellers that are still allowed to be private sellers when they are clearly business sellers? Why are private sellers not effected?? Also can you still do global excluding NI & EU?

[knit-in-styles]

Someone always wants to make money out of us. Just had this email:

I had a browse through your eBay listings and noticed you haven't yet sorted an EU Responsible Person. The December 13th GPSR deadline’s creeping up fast. 

Thinking of pulling the plug on your eBay sales in the EU or Northern Ireland? 

That'd be a shame! As a UK seller, it’s pretty simple in your case:

1. Get an authorised EU Responsible Person, for standard categories our rate is $200 / year - for the full product catalgoue
2. In case your products are all simplistic you won't require hefty safety docs, we can pass along our template helping you draft a basic documentation.

Let us give you the clarity so that you can keep selling, while others listings might get suspended.
 

Looking forward to your reply!
 

Marko - Your trusted
EUCompliancePartner.com

[1019suzanne]

I keep getting similar emails - but no actual cost is quoted.

[the-layer-laboratory]

There is a shill of the aforementioned EUCompliancePartner that frequents these boards from time-to-time. They claim that they have evaluated many compliance companies, but will never mention any others when challenged. Very shady!