GPSR Compliance

[phoenix_vinyl_and_collectables]

After going through all the regulations my understanding is that if the item was made before the 13th December 2024 then the information GPSR information is not required. If the item was made after that date, then all the information is required. 

I spoke to a company called ARC who deal with GPSR and they explained how it works. They agreed with what is mentioned above and also stated that if you're selling second hand & vintage goods then it comes under a grey area. They also explained that under the new EU legislation even after you have filled out all the information, you will still need a representative in the EU as a point of contact. The cost of this is depending on what categories your items fall under example £400 to set up the point of contact in the EU and then an additional £400 for each category. So, CDs & Vinyl records come under media and concert t-shirts comes under clothing. 

The GPRS is nothing more than a quango, which is not needed. It should be based on the business turnover or threshold of items sold in the EU. 

If your a private seller, then the regulations don't affect you.

Ebay need to step in and clarify this or at best delay it.

[jonat_broad]

EBay can't delay it unless the EU do.

ebay have interpreted it in their way. Amazon for example have said that no information is required on Amazon UK because they state the UK is not in the EU despite the fact if you do FBA you can't stop selling to Northern Ireland where is does apply.

second hand and vintage aren't exempt, there is no grey area. Antiques are, so it gets into the realm of what is an antique but the general consensus is that antiques are over 100 years old.

i guess the 13th December point where if the product was available on the market prior to that, the issue eBay have is proving that. Though they could just allow existing listings a pass until the listings are renewed maybe?

[phoenix_vinyl_and_collectables]

If you actually read what I have stated is correct, however after speaking with ebay they are looking at doing something about this as a large volume of sellers starting to remove EU countries as sales have dropped.

[jonat_broad]

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@phoenix_vinyl_and_collectables wrote:

If you actually read what I have stated is correct, however after speaking with ebay they are looking at doing something about this as a large volume of sellers starting to remove EU countries as sales have dropped.

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Which bit that you stated is correct? I agree on the point about products on the market before 13/12 but eBay's systems simply might not have the data to actually identify them.

second hand goods are not exempt (unless antique) that's true.

i don't dispute any of the rest but ebay can't delay anything. I also find it shocking that ebay would reveal that sales have dropped on a call.

[phoenix_vinyl_and_collectables]

Sellers are removing the EU from there listings, which has seen sellers sales drop, which in effect costs ebay.

Inregards to second hand goods and why its marked as a grey area. Is that its very rare that an item will have all the information that is required, hence the date 13th December 2024 which does state that items made before this date the information is not required and refers you to the legislation from 2005.

At present organisations are looking at clarity for the new GPSR for second hand goods.

[zzseller]

It doesn't apply in GB at moment but there's a Bill going through Parliament which enables Secretary of State to adopt similar EU legislation into UK law by regulation and this EU  768/2008 is mentioned.  The Product Regulation and Metrology Bill.

I hope they don't adopt it into UK law  as supplying all that info on one off sales is an impossible task.  If they do and I have to do that it'll be end for me on eBay. I will close my account and give up.

[jonat_broad]

The issue with products on the market before 13/12/2024 is how ebay evidence it. While it would certainly be feasible for bigger brand products like a Nintendo Switch and the like - the issue is likely ebays requirement for a one size fits all approach. If ebay required a 'Date on Market' field for example - you can guarantee all of a sudden that no products of non-descript origin sudden cease being 'made' and everything was allegdly available from before 13/12/2024. ebay sadly have to cater for the weak links - which is unscrupulous sellers. It is then easier for ebay, to manage the GPSR rules to simply apply it to all listings.

With regards to clarity around second hand goods - the policy is fairly clear...

(16) The requirements laid down in this Regulation should apply to second-hand products or products that are repaired, reconditioned or recycled, that re-enter the supply chain in the course of a commercial activity, except for those products for which the consumer cannot reasonably expect that they fulfil state-of-the art safety standards, such as products which are explicitly presented as to be repaired or to be reconditioned, or which are made available on the market as collectible items of historical significance.

I get it does cause problems with second hand  goods but the arguement can't be with ebay - its with the EU policy itself!

[zzseller]

A toggle switch in listing saying GSPR info not required as item made before 13/12/2024 should suffice. Down for seller to declare item made before 13/12/2024.

We know GSPR doesn't apply to private sales by private sellers which will still be able to sell to NI and EU without burden of information. Presumably, private eBay sellers won't have to supply GSPR info as it only applies to business sellers.

Hopefully, GSPR won't be adopted into UK law as a lot of small businesses won't be able to cope with it. Seems a sledgehammer to crack a nut.

[jonat_broad]

If that toggle existed - all that will happen is sellers will just say it was in existence before 13/12/24 - even if it wasn't.

ebay must believe they are exposed enough in this policy in that if a sellers product kills or injures someone, and the EU find they weren't adhering enough to GPSR - then the EU come down on ebay.

Its risk mitigation by ebay. Yes, it'll impact sellers - but ebay must believe that is a risk worth taking. Time will tell if they relax the rules of course.

[zzseller]

Its no issue at moment as GPSR doesn't apply in UK except NI.

Surely, eBay won't require GPSR info not legally required from private sellers to all jurisdictions and business sellers to everywhere except NI, EU and EEA.

eBay ought to be able identify exempt private sellers to exclude them from GPSR when listing

[jonat_broad]

I don't believe I said that, but yes, I would imagine ebay can identify the difference between listing from private sellers and those from businesses, so private sellers would be exempt.

I would also assume you should be OK if you remove NI from your delivery locations.

[zzseller]

GPRS doesn't apply to private sales anyway, only to sales by businesses.

[zzseller]

It should be okay for a while but if small business sellers are eventually obliged to appoint Responsible Persons it will finish a lot off.

Impossible to find all info needed when selling individual different items.

For me, the extra time and costs wouldn't be worth it. I would close account leave eBay and move on.

[nigel_paul_wright7557]

GPSR is a scam to stop imports into EU.

So not only do I no longer sell into EU but I refuse to buy from EU too.

[zzseller]

Never did sell muçh into EU, just the odd item.

[jonat_broad]

Move on to where? Anywhere you sell, if you wish to sell into EU or NI, you are supposed to comply with this. If there's a platform out there that doesn't ask for you to adhere to GPSR if delivering to those locations (though to be fair, amazon are currently in this position) then they are going against EU policy, I assume until the EU either drop GPSR, or catchup with those platforms not compliant.

[zzseller]

I'll only leave eBay should something similar be introduced in GB and the admin burden become too onerous. Never did sell much in EU or NI anyway. I certainly couldn't appoint Responsible Persons at rediculous cost.

[zzseller]

UK is not in EU so how can they enforce anything here? Its part of the free trade agreement negotiated after we left EU.

[medealady]

Given most products are made in China how will they sell into the EU or lie? Having been on the receiving end of non fire safe upholstered chairs, made in China, imported into France then flogged into UK market when still in EU, so no checks, where they then coudnt be legally used in a rental, China and safety are mutually exclusive. Trading Standards had no cash to go after the importer/seller.

[habbymart]

I sell haberdashery and most of my stuff is factory fresh bulk made for the manufacturing trade.  For example, a 25 meter roll of elastic will be made available in lengths, say 1m, 5 meter or whole rolls for a price.  It comes with no infformation at all and if you ask the supplier for the manufacturers details, they will just laugh at me because theyre trade secrets.  If this ruling is adopted by the UK, it will finish me and I will have to go stand on the markets, sell off my stock and then sign on.