Thanks guys - been reading endless posts and watching countless videos online to try and figure this one out, and finally you've answered the question I needed answered
"Doesn't apply to items available before Dec 13th 2024" Until the package arrives at German customs and they decide it does and return the package after several weeks in their usual manner?
thank you for managing to get some clarification from ebay. Its a relief that on the surface its not as harsh as we had feared. just the info regarding the goods before date, is a game changer. thank you both again 🙏
Not really. They misunderstood what placing on market means that the product has to be in the EU already or contracted to be sold (with exchange of money). Only goods that were in transit before the 13th Dec are considered to be placed in market. This was how placing in market was defined under the Brexit Withdrawal Agreement too.
Please can you update this because it seems that some of the info you've given out is not true. Correct me if I'm wrong but..... it DOES affect secondhand / vintage goods that were manufactured before dec 13th 24 ?
It does affect any goods that are outside of the EU or not sold to the EU before the 13th. Art. 3(7) of the GPSR regulation says: (7) ‘placing on the market’ means the first making available of a product on the Union market;" And the Commission notice The ‘Blue Guide’ on the implementation of EU product rules 2022 under 2.4. Making available and placing on the market in case of distance and online sales says: "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."
I was reassured by your video.. until I read the comments!! I’ve decided to turn GSP off anyway as I’ve only had 2 or 3 sales through it in the last couple of years (I sell mainly clothes and books) but will keep NI for now.
Nope, sorry. Not helpful. Their legal opinions were based on what eBay would do with their accounts. That has nothing to do with whether any goods can be delivered to the EU. If your products are in the EU already, as in they have passed the customs are there to be distributed, they are OK. Anything that shall be shipped AND offered has to comply with GPSR as in they have to have a representative in the EU to testify to the safety of your products.
@@samhartford8677 How thick are you ? Clearly said its a complicated issue and the video just touched on the subject ........know all know nothing springs to mind .......do better with your own video on youre own channel .......ohhhhh .... no look its empty like your head hugz xxxx
@@samhartford8677 That's what some people are saying, but god I hope this isn't true. EU and NI is a big chunk of our sales and it sounds like there is no way around this for resellers...? or products that already exist.
PLEASE NOTE: on the market before 13.12.24 does NOT mean you have listed it. If the product is not stored in the EU (already there before 13.12.24) then it MUST comply. The exceptions are if the product is over 100 years old (needs official checks) and digital products listed before 13.12.24 as they are already 'in the EU'.
Great video, did anyone ask why this doesn’t seem to be affecting other non EU sellers eg US or AUS sellers? Haven’t seen any of those guys talking about it?
You are a distributor so yes it applies to all your vintage products that you place on the market after the 13th of December 2024. Just because it was sold in the past by a manufacturer does not exclude you from compliance as a distributor now. The only vintage items not included are antiques over one hundred years old.
@@kayholder8617 No. If an item is 2nd hand and was not available 'on the market' before 13/12/24, it will need to meet the GPSR. An item could be bought and sold 10 times or more before it ends up on your ebay store. It could have been sold at an wholesalers warehouse, a charity shop, a market stall, an auction warehouse, in a high street store or any combination of those...... How the hell are the EU going to police that? It's literally impossible. This is aimed and new goods being produced and I believe it's aimed at stopping all the fakes..... That's a good thing. This rule applies to any manufacturer wishing to sell goods made after 13/12/24 in the EU...... They will have to provide the info required and it'll probably be on the box.
@@kayholder8617 No. If you list a 2nd hand item on your store that was produced after 13/12/24, you will need to apply GPSR. That's what Ebay are saying. GPSR also applies to any manufacturer wishing to sell it's products in the EU. They will have to supply the info and it'll probably be on the box. If you don't have the box, you'll in most cases, find the info with a quick google search.
@@SilverTrowel631 Seriously, are you trying to claim that goods manufactured anywhere in the world whether they comply with EU regulations or not can be sold to the EU somebody just put them up on a web page? Seriously? The directive is about placing on the EU market, which is a legal definition meaning that the goods are already in the EU or sold to an EU client before the 13th Dec. To sell anything to the EU after yesterday, you will need an EU-based representative who will legally be responsible for the safety of your goods. The law explicitly includes second-hand products. That is, only the second-hand good sellers in the EU are exempted from this law when their goods are already in the EU.
Interesting, thanks for sharing. I think, as someone else mentioned, it has to do with when you offer the item for sale rather than when it was made (unless it is an antique, which wouldn't apply anyway). So, if an item was for sale before 13 Dec 24, the legislation doesn't apply. Which makes me wonder if when sellers end items and 'sell similar', if ebay will flag the newly listed items as an issue. Don't quote me on anything though, but that was just my take on it. I read into it a few months back, but can't remember where I got the info from!
If the product was already in EU before 13.12.24 then it doesn't apply. If it is a digital product listed before 13.12.24 it doesn't apply. All other cases need to comply. So product list before 13.12.24 but stored in UK until sale now needs to comply even though was listed before deadline :)
I sell worldwide but turned my EU and N I off a few days ago ,I only sell new items but I don't sell many to EU or NI and although I only sell new I believe if I leave them turned on nothing will happen but I don't want to risk the headache dealing with it if I'm wrong ,I might turn some back on after Christmas and see what happens ...thanks for the heads up very informative and helpful video cheers 👍
New items also fall under the GPSR. It is your responsibility to make sure the items comply with all relevant safety information wherever you sell them. If you only resell items in the market they were approved for, the manufacturer's warranty and documentation may suffice ... but it really depends on them (they may decide they don't want to be responsible for resold goods that may have been tampered with). This is actual the law already, and the EU is just the first to make clear how this applies to ecommerce platforms. The UK and US will introduce similar legislation.
There is a lot of other problems, like I never heard of the packaging laws. Like some heard of the German packaging law which actually applies to all these states according to my research. Austria, Bulgaria, Croatia, Cyprus, Denmark, Finland, France, Germany, Greece, Hungary, Luxembourg, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden. You actually need a licence to send to these states, how is ebay and sellers dealing with all this ? Again it becomes too costly to send to EU :(
Thanks for the video Nic & Andrea - It is reassuring so it does help. I do, however, think that, as a number of people have commented, clarification is needed around the whole "first placed on the market" phrase. Is the date of 13/12/24 about when the item was manufactured, first made available for sale universally (i.e. outside of ebay), when someone first listed it on ebay or when an individual seller first listed it on ebay? In addition how are re-listed items and duplicate items treated? Also, what contact details are expected if the manufacturer is no longer trading?
The EU directive says "placed on the EU market" - that is, it's not about being manufactured or placed on the market outside the EU. If your products are already in the EU, you are fine. If not, you will need an EU-based representative that will legally guarantee your products comply with current EU regulations (unless over 100 year old antiques).
The contact details that you need to provide are yours, because when you sell second-hand, it is your responsibility to make sure that the item is safe, not the original manufacturer (unless the item is still under warranty by them, and then you must provide all the information to your buyer so they can use it). placed on the market = it has already passed the EU customs border
Thanks for doing this. I was hoping you would get some sense from your contacts at ebay. The ebay community discussion groups have got so confusing due to everyone having different businesses selling different things. The thing that concerns me is that I've heard that the UK government have a bill going through called the Product Regulation and Metrology Act which is making its way through parliament which from what I am told will commit GB online business sellers to following the GPSR, so I'm not sure we will be able to do nothing for too long.
eBay will be held responsible if a seller violates the GPSR, i.e. when an item is sent through EU/NI customs without the required information. Repeat offenses can cost them 4% of global revenue, so they will take actions against your accounts at some point.
I thought 'placed on market' refers to when YOU put it on the market and not when it was originally produced/sold. That is, existing listings can stay and don't need updating, whereas new listings will need to comply.
Nope, it means being placed in the EU market - it's a legal definition of EU law, not something that people outside the EU can decide the meaning of - and it means that the goods are already in the EU or were sold to an EU client before yesterday.
The lesson you should take is that you won't be selling anything to the EU, not their other nonsense. Placing on the market is a legal definition of EU law and it does not mean being manufactured somewhere in the world. It means being in the EU before yesterday or having been sold to an EU client before yesterday.
Really well done video on a tricky subject. A rational explanation of a very tricky subject. Will put some minds at ease I think the community will be very grateful for this.
No it was not. It was wishful thinking. And completely inaccurate. They consulted would happen to them from the point of eBay, but not what would happen to them from the point of view of EU customs checks.
@samhartford8677 well we don't know about custom checks as they haven't happened yet. As Nic said the law is worded quite ambiguously so for customs checks they just don't know yet as we don't know how much this will be enforced and how it will enforced. They did a great job based on the information available.
@samhartford8677 additionally I don't send anything to Europe on eBay that isn't through GSP so for me it would need to go through Ebay anyway. So the customs checks would be their concern.
it's important to note that these existing products must continue to comply with the safety requirements that were in place under the GPSD at the time they were first marketed. This means that while they are exempt from the new GPSR provisions, they are still subject to the earlier regulations. Therefore, if a product was not compliant with the GPSD before December 13, 2024, it cannot legally remain on the market under the new GPSR framework.
You half correct, but their interpretation of what placing on market means is incorrect. It means sold to the EU. That is, all products sold to the EU from today have to have the safety information and an EU representative.
@@lacdirknot sure what you mean. As I understood it…… UK gov is setting up UK specific legislation that mirrors EU requirements but for sales made into UK. So effectively a set of GSPR UK rules will be brought into law
@@ianbullock5621 Yes, but they will apply for sales by non-UK sellers into the UK. I thought that your comment was differently intended, i.e. I thought you meant that if the UK brought in the same regulation, there would be regulatory convergence with the EU and that could lead to the removal of this barrier.
@@ianbullock5621 UK GPSR rules will only apply to non-UK sellers selling to UK buyers, just like EU GPSR rules only apply to non-EU/NI sellers selling into EU/NI. UK GPSR will not affect UK to UK sales. EU GPSR does, because the EU customs border is between GB and NI.
It's now the 17th and I have gone from an average of 3 sales a day to zero sales in 4 days, coincidence? I sell used bike parts from/for 20+ year old bikes. Strike that, my first offer on 4 days just came in, I just accepted it.
In order to sell into the EU or NI now, you will have to have an authorised representative inside the EU. They misunderstood what placing on the market meant, as in it means placing on the EU market (i.e. already being in the EU or having been sold to a customer in the EU prior to the 13th). You are fine with selling inside the GB or to businesses in the EU or NI, but you will have to comply with the safety info requirements.
I still sell things to Germany via eBay, I haven’t joined any of those stupid packaging programs, the items got there, and no German packaging police came round and arrested me yet LOL.
Any idea whose responsibility it is to prove the age of an item is pre 13/12/24? I resell preloved and vintage jewellery and I just buy it in bags usually so no idea of the age. Is it down to me to prove how old it is, the buyer or eBay? Or the legislator? Obviously right now I can say all my inventory is pre that date but who’s to say in a year’s time? 🤔 Thank you so much for asking the questions for us and reporting back ❤
"The General Product Safety Regulation (GPSR)[1], like the current General Product Safety Directive (GPSD)[2], applies to second-hand products except for those products marked as to be repaired or reconditioned prior to their use. The GPSR does not apply to antiques, work of art or collectors’ items[3]." - E-001835/2024(ASW) So the items you are talking about are fully covered by GPSR, unless you can sell them as unsuitable for wear without repair or reconditioning. That essentially means you can sell to businesses in the EU that will resell them, you can not sell them to end customers. The reason is that if someone repairs/reconditions the item before putting it on the EU market, they are responsible for its safety. By the way, the age of the item is irrelevant. From the same EU document "Products that were already placed on the EU market before 13 December 2024 can remain on the market with no new requirements linked to labelling, including for resale as second hand after that date, provided that they complied with the GPSD". This means that an item that was already for sale in the EU under the GPSD (the older version of GPSR) can remain on sale. However, to be "already placed on the EU market", the item must already be in the EU, for sale only to EU customers.
Your question is irrelevant. The product would have needed to be placed on the EU market before last Friday, now all products sent to the EU have to comply with EU safety regulations and have an EU-based representative. ***** Art. 3(7) of the GPSR regulation says: (7) ‘placing on the market’ means the first making available of a product on the Union market;" And the Commission notice The ‘Blue Guide’ on the implementation of EU product rules 2022 under 2.4. Making available and placing on the market in case of distance and online sales says: "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."
if your trying to figure out if they are antiques they must be over 100 years old. This is your responsibility, you would need to spend your money to have the product checked professionally and get a certificate of age to be able to get it through customs. If it is less than 100 years old it has to comply with GPSR. If you meant in terms of proving it was made before 13.12.24 then that doesn't matter, if its not already in the EU by then you have to comply :)
For once, thank god for brexit. What an absolute nonsense, far too much bureaucracy! Superb video Nick and Andrea, very informative. You'll probably need a part 2 for lots of these questions!!
Actually, if it hadn't been for brexit these rules would not apply to GB sellers. It's only because of brexit that GB sellers now must comply with EU safety regulations for imports.
1. I sell products that are delivered digitally by email. These are e.g. software licenses, installation keys / files, subscriptions and the like. What is your insight on this type of product? How to customize such a product for GPSR? 2. I also buy and sell other products in the EU that are delivered directly to end customers in the EU - in other words, dropshipping. How should I think here? I think I only need to enter company name, address and mail adress
Thanks a lot for this. One of the most unnerving things is the constant barrage of messages from ebay about signing up for a "account assurance manager" to offer "dedicated assistance with select account restrictions from our expert team" for six months. If there's nothing to worry about, why is this necessary? Is this more for sellers selling new items? 🤷♂
There is something to worry about. They misunderstood what placing on market means that the product has to be in the EU already or contracted to be sold (with exchange of money). Only goods that were in transit before the 13th Dec are considered to be placed 😢 market. The EU does not care what products were placed on the market in other countries. And GPSR explicitly applies to second hand products too.
As much as I appreciate your information, I don’t trust eBay to that extent on visibility. Coupled with the various European packaging rules and regulations I’m happy with my UK, US and Australian buyers, time is money, staying switched off in the EU and NI.
@@joeshelvey8710 They are not going to take legal liability for whatever anyone on their platform sells. Their solution is to allow sellers to hide products, and if sellers still ship to the EU/NI without the correct paperwork and representation, they will kick them off the platform. Problem solved for them.
Thank you for this info! The only issue i still have is how will they check how old a product is, does it need EAN or Year field filled in? ( maybe you say it later in the video)
They misunderstood a) what placing on market means that the product has to be in the EU already or contracted to be sold (with exchange of money). Only goods that were in transit before the 13th Dec are considered to be placed 😢 market. The EU does not care what products were placed on the market in other countries. And b) that GPSR explicitly applies to second hand products too.
I watched this video yesterday, and you totally put my mind at ease. This morning I awoke to an eBay email: Action Required - GPSR Non Compliance. What on earth could it be? I only sell secondhand items. It was cuddly toys. The email asked for safety certificates, compliance documents and company info. I’m sorry, but your video contains massively incorrect information. This is going to be a bloodbath for toy sellers.
The video is indeed incorrect. "The General Product Safety Regulation (GPSR)[1], like the current General Product Safety Directive (GPSD)[2], applies to second-hand products except for those products marked as to be repaired or reconditioned prior to their use. The GPSR does not apply to antiques, work of art or collectors’ items[3]." - E-001835/2024(ASW)
It seems like we need a lawyer in EU law to give us information. I’ve turned off Europe & NI, feel much better and will look again once people have got a handle on it.
What matters isn't the visibility, though, only whether you ship your item to the EU/NI. Visibility is just something eBay does to defend itself from prosecutions.
They misunderstood this: GPSR explicitly applies to second hand products too. And . Not really. They misunderstood what placing on market means that the product has to be in the EU already or contracted to be sold (with exchange of money). Only goods that were in transit before the 13th Dec are considered to be placed on the market. The EU does not care what products were placed on the market in other countries.
Sorry, their advice is not legally correct. They misunderstood what placing on market means under EU law. It means already with a distributor in the EU or already sold to a customer in the EU.
But how are eBay going to differentiate between what’s pre GPSR and what isn’t.. is there any easy drop down to say this is pre or do you just jot fill in the info if it isn’t.. then what stops that listing being hidden if so..
Good point. That's why the GPSR explicitly applies to second hand products too. They basically misunderstood what placing on market means that the product has to be in the EU already or contracted to be sold (with exchange of money). Only goods that were in transit before the 13th Dec are considered to be placed on the market. The EU does not care what products were placed on the market in other countries.
@ I’m not sure that answers my question though does it? (I mean that sincerely and genuinely, not sarcastically) lol or am I just not understanding fully? So no matter what, GPSR still applies?
@@retrosheller9214 GPSR still applies, yes. The only exceptions are if your goods are already in some EU warehouse or on their way to the customer (but already past the border). Art, collectibles and items more than 100 years old are exempt.
UK is currently implementing the exact same law its currently being reviewed and going thought the processes at the moment, I do believe the USA is also doing something similar. So we might as well all get use to it. By what Andrea said at the end I don't think you have understood it correctly if you list something for sale after the 13th the new regulations apply. All Article 51 is saying is you don't have to go through all your old listings and update them to the new standard. The regulation mentions second-hand items "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" .... So Andrea hasn't got 20 years she has 1 day to get as much stuff listed before it kicks in.
"All Article 51 is saying is you don't have to go through all your old listings and update them to the new standard. " Sorry, but even that is not quite true. Unless the item is already in the EU, i.e. you are selling out of an EU/NI fulfillment center, you have to update the listing with GPSR information, or make sure that the item will never end up being shipped to the EU/NI.
@@lacdirk This is really depressing, how can you update a listing with GSPR info for 1000s of products, it's impossible! also even if you could and have a "responsible person", what is the point of this responsible person if they have 0 clue about what you sell because you have so many different items...? it makes 0 sense for sellers with a vast inventory! i'm baffled by this. I can't imagine they'd take responsibility for anything or even have a clue what was sold!
@@joeshelvey8710 I understand what you mean, but that is exactly the point: these people have no business selling things into the EU market if they do not know anything about what they are selling and are not able or willing to be legally liable for them. The real target may very well be the companies that are abusing the system to get around regulatory requirements, but it sure as hell is supposed to stop amateurs from selling stuff they don't know anything about too. The UK and US will be bringing in similar legislation. Not just because they both follow the EU in general on such matters, but because no one wants this huge loophole in their market. By the way, if you can actually make a case that the products you sell are safe, there should not be a big issue finding a legal representative in the EU to deal with the paperwork, complaints and potential law suits. It's part of doing business in your own country (even if most sellers don't seem to be aware that they may be personally liable for anything they sell).
@@lacdirk The problem is that basic stuff that resellers may sell, which are CLEARLY safe (e.g. books, cds) should not have to comply with these new rules, because anyone with common sense knows they're safe. This is why it's so frustrating for people like us who are actually careful with what we sell. The fact antiques are excluded and not stuff like this makes no sense to me at all. We have excluded EU and NI and it's really impacting our business - it was hard already. I just don't want to take any chances without someone official saying it's okay. If all we need is an EU rep and no other action taken (e.g. no extra paperwork or labeling) then we could potentially comply, but not sure if this is enough.
@@joeshelvey8710Do you actually check that the ink used for the books is safe? Could you provide evidence that it is? If I buy a copy of my own book from you, and it turns out it's an illegal copy, or one printed for a different market, who do I sue? Just a rep won't be enough as there are also labelling requirements and other documentation (more related to IP protection) that will improve traceability and accountability. That includes for instance where the paper was sourced and whether the author was properly paid. CDs are digital information, so they could be used to spread viruses, illegal copies etc. It is probably exasperating, but the wild west period in e-commerce is coming to an end. The EU's just the first to close this legislative loophole, others will follow. It's certainly true that second hand book and CD sellers aren't the primary offenders, but they have to be held to the same standard so disreputable companies and individuals don't just label their products as second hand to evade regulation. Do you see another way in which a country can protect its own citizens and producers?
Not really. They misunderstood what placing on market means that the product has to be in the EU already or contracted to be sold (with exchange of money). Only goods that were in transit before the 13th Dec are considered to be placed 😢 market. The EU does not care what products were placed on the market in other countries.
Yes, GPSR covers everything sold into the EU and it applies to second hand products too. . Not really. They misunderstood what placing on market means that the product has to be in the EU already or contracted to be sold (with exchange of money). Only goods that were in transit before the 13th Dec are considered to be placed 😢 market. The EU does not care what products were placed on the market in other countries.
Because all products will, including second hand ones. They misunderstood what placing on market means that the product has to be in the EU already or contracted to be sold (with exchange of money). Only goods that were in transit before the 13th Dec are considered to be placed 😢 market. The EU does not care what products were placed on the market in other countries.
All of them do. And this is just a clarification for ecommerce of what the law already was anyway: you can't sell unsafe stuff into the EU. Similar legislation is coming everywhere.
Yes and no, as a seller you are already in the EU and are legally responsible for the safety of your goods, but you do have to comply with the product safety regulations and translations.
Thanks for taking the time to update us. I did a bit of research and it was pretty clear what the EU were planning. I don't think there was ever a reason to panic. Ebay may have been able to get info out there faster but they probably knew as much as everyone else,. They've had to educate their staff on the issue and program a massive update to the listing information pages. And they probably knew the vast majority of the (UK) sellers were not going to be too adversely affected, so took their time to get things right. (Not like them, I know). One thing worth remembering going forward is that if a manufacturer wishes to sell it's new to the market good's in the EU, they will have to comply to the GPSR. The relevant info will be on the box. If in a few years you have one of those items that needs to meet GPSR and you don't have the box, google is your friend. You're welcome.
GPSR explicitly applies also to second hand goods so not really. They misunderstood what placing on market means that the product has to be in the EU already or contracted to be sold (with exchange of money). Only goods that were in transit before the 13th Dec are considered to be placed 😢 market. The EU does not care what products were placed on the market in other countries.
@@samhartford8677 Yes GPSR applies to 2nd hand goods....... But not if those 2nd hand goods were available in the EU before the deadline date. We have made zero changes to our listings and literally an hour ago, we sold a 2nd hand item to Italy. We have listed items today (Some 2nd hand) with no GPSR info and have not received any emails from Ebay telling us those listings are hidden from EU customers. My advice to anybody (UK) would be carry on as normal and if there's any issue, deal with it then.
@@samhartford8677QUOTE 'Only goods that were in transit before the 13th Dec are considered to be placed' If I put a 2nd hand toy on ebay that was produced in 2020, it's safe to say that toy was 'In transit' before the 13th Dec 2024.
All UK resellers are adversely affected. An item that is GPSR compliant when it's sold to the EU is not affected if it stays in the EU. If it sold outside the EU, or if it is moved outside of the EU, it can not be exported to the EU again without complying with the GPSR. The original manufacturer may still act as the safety contact, but only if you are an official reseller. For items that they themselves sold in the EU that may not be an issue. For items that they sold outside the EU, the serial number will let them off the hook, and you hold the bag.
Not really. They misunderstood what placing on market means that the product has to be in the EU already or contracted to be sold (with exchange of money). Only goods that were in transit before the 13th Dec are considered to be placed 😢 market. The EU does not care what products were placed on the market in other countries.
I am not sure whether this has helped me. A few points 1. You say eBay will block any listings that do not show GPSR information 2. You then say if selling UK mainland to UK mainland GPSR info is not required 3. Who judges whether an item that is offered for sale was made before 13/12/24, when GPSR info is not needed 4. Any secondhand items made before 13/12/24 do not need GPSR info, in 2 years time who will be able to say if an item was made after 13/12/24. I haven't checked the links yet, I wanted to put those points down before my ancient addled brain forgot them.
They misunderstood the law. The key is this: the product had to be placed on the EU market - not foreign markets. If your goods are not in the EU already, you will need to get an EU-based representative who will legally be responsible for your products to be compliant.
1 and 2: GPSR is only required when you send an item from outside the EU/NI to the EU/NI. 3 and 4: GPSR info is needed no matter when something was made, unless it's an antique (i.e. >100 years old).
Thanks for being the voice or reason in this matter. eBay just like stirring stuff up. They keep adding and changing stuff thats just not needed. As a person trying to streamline a large-scale business on the platform, it's very tedious. I understand them following legislation, but the platform has changed too much over the last few years, and with no doubt, more silly additions and changes to come.
Not really. They misunderstood what placing on market means that the product has to be in the EU already or contracted to be sold (with exchange of money). Only goods that were in transit before the 13th Dec are considered to be placed 😢 market. The EU does not care what products were placed on the market in other countries.
. Not really. They misunderstood what placing on market means that the product has to be in the EU already or contracted to be sold (with exchange of money). Only goods that were in transit before the 13th Dec are considered to be placed 😢 market. The EU does not care what products were placed on the market in other countries.
Actually if you live in NI you are protected from unsafe products just like everyone else in the EU. The UK will bring the same regulations in the near future, closing the loophole. Anyone who sells to the EU or NI has to comply with the regulation.
I would just fill in a load of made up stuff if I had to. Who is ever going to check LOL. I think everybody is worrying about this too much. Unless you are a massive business, in which case you would need to comply with EU rules in general anyway.
@@vintagevic4593 Nah, they are worrying for a reason. They misunderstood what placing on market means that the product has to be in the EU already or contracted to be sold (with exchange of money). Only goods that were in transit before the 13th Dec are considered to be placed on the market. The EU does not care what products were placed on the market in other countries.
It's irrelevant when a product was made, what matters is when it passes the EU customs border. Any goods that are not in the EU/NI at this point must fully comply with the GPSR.
. Not really. They misunderstood what placing on market means that the product has to be in the EU already or contracted to be sold (with exchange of money). Only goods that were in transit before the 13th Dec are considered to be placed 😢 market. The EU does not care what products were placed on the market in other countries.
@@Peterwrayadventures And how many people would actually watch the video, because I've got no followers? Also, it is said in the effing regulations. I am not a native English speaker, but it still amazes me that people cannot understand English even if they are native speakers. And I will never understand this idea that one can get legally sound advice from somebody on a social media feed.
@@Peterwrayadventures However, if you google 1020/2019/EC Article 3(6) it clearly says the product has to be placed on the EU market and Article 51 uses the same language. Anytime one reads a legal document one has to start with the definitions and not imagine things in their own heads. This is the basics I learnt at my European and International Law course I took whilst at Uni.
They misunderstood what placing on market means that the product has to be in the EU already or contracted to be sold (with exchange of money). Only goods that were in transit before the 13th Dec are considered to be placed 😢 market. The EU does not care what products were placed on the market in other countries.
Thank you to you both for this summarisation of a detailed subject which obviously ebay are struggling to get clarification on as well. Seems like common sense all round. The GPSR seems generally aimed at the new items sold dirt cheap from China. The items I sell in my niche are almost all pre-2010 so looks like I can relax about it all, as will many other resellers who feared for their business.
Not really. They misunderstood what placing on market means that the product has to be in the EU already or contracted to be sold (with exchange of money). Only goods that were in transit before the 13th Dec are considered to be placed 😢 market. The EU does not care what products were placed on the market in other countries. GPSR explicitly applies to second hand products too.
It don't qualify for Collectables. I have looked at EBay's video on GPSR. For example a Wedgwood Plate that would be collectibles. Thank you Nic and Andrea for this useful video.
GPSR warnings and penalties. You MAY receive warnings from eBay for non compliance products. Repeated violations of product safety regulations could lead to penalties, such as: Account restrictions and suspensions, Listing limitations, Temporary or permanent loss of selling privileges.
yup its a nightmare i have had listings stopped then i relisted then nothing done from them cause they didnt know lol no its been inforce for awhile lol
Nope. It's faulty information. Direct sales to persons inside the EU or NI require an authorised representative regardless when the products were manufactured. They misunderstood what placing on the market means. **** Art. 3(7) of the GPSR regulation says: (7) ‘placing on the market’ means the first making available of a product on the Union market;" And the Commission notice The ‘Blue Guide’ on the implementation of EU product rules 2022 under 2.4. Making available and placing on the market in case of distance and online sales says: "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."
Not really. They misunderstood what placing on market means that the product has to be in the EU already or contracted to be sold (with exchange of money). Only goods that were in transit before the 13th Dec are considered to be placed 😢 market. The EU does not care what products were placed on the market in other countries. And GPSR explicitly applies to second hand products too.
So question is why have i had 8 listings taken down since August for not being able to give manufacturers details for this gspr. Yet plenty of these exact items still are being sold by other ebay sellers!
@@atristram54316 Don't quote me on this but I think I read that only business sellers are allowed to sell toys for the under threes. Maybe the other listings that are live are either business sellers or maybe private sellers that have not filled in the age range specific as under 3 so they haven't been picked up by the algorithm????
They misunderstood what placing on market means that the product has to be in the EU already or contracted to be sold (with exchange of money). Only goods that were in transit before the 13th Dec are considered to be placed on the market. The EU does not care what products were placed on the market in other countries. And GPSR explicitly applies to second hand products too.
It depends on whether those ebay sellers allow those items to be shipped to the EU/NI. If they don't allow that, they are safe. eBay will act based on visibility of the item, but that is just to stay out of the firing line: in the end it's you that has to avoid shipping the items without correct safety information.
I don't mind the safety regs, I can write those myself for my own product. It's the "responsible person" that I can't solve. I am *NOT* going to appoint someone for selling in Northern Ireland because I just think that thats morally wrong. As for the rest of the EU I am kind of thinking of adding terms and conditions that each customer has to be their own RP and it's a "trade only" product. My product is niche enough that my customers would probably accept that. Whether that's actually legal though....
That customer would need to get all the technical details from you, there would need to be an actual contract and that person would be liable to provide the info about the safety of the product to the EU market authorities upon demand for 10 years. Does not sound like a competitive plan.
"A person who acts as a lawyer for themselves has an idiot as a client" You can't just write safety compliance documents, and you can not shirk the responsibility to your customer. You are very much correct that what you are suggesting is illegal.
I was told by ebay that it was items added to the marketplace (listed on ebay etc) before 13th december 2024 that would not be effected. The info you have given suggests that it is if the item was produced/available to the market before 13th december 2024. I am still confused but, will do the same as you guys are doing….. Nothing. Thanks for the video Nic&Andrea x
They misunderstood what placing on market means that the product has to be in the EU already or contracted to be sold (with exchange of money). Only goods that were in transit before the 13th Dec are considered to be placed on market. The EU does not care what products were placed on the market in other countries.
They are wrong. Listed on ebay is not "added to the marketplace". The only marketplace the EU is concerned with is the marketplace it regulates, i.e. "added to the marketplace" means being physically present in the EU. So if you are selling out of an EU warehouse, you're fine until that stock runs out.
Not really. They misunderstood what placing on market means that the product has to be in the EU already or contracted to be sold (with exchange of money). Only goods that were in transit before the 13th Dec are considered to be placed 😢 market. The EU does not care what products were placed on the market in other countries.
I think I speak on behalf of everyone watching when I say, thank you both for taking the time to speak with eBay to make sense of this new legislation! Very helpful :)
They misunderstood what placing on market means that the product has to be in the EU already or contracted to be sold (with exchange of money). Only goods that were in transit before the 13th Dec are considered to be placed 😢 market. The EU does not care what products were placed on the market in other countries.
In which Nic occasionally allows Andrea to talk! Apart from that, there are a number of comments on the video that are incorrect. The legislation document, when read with the definition guide & cross referencing with the blue book, is clear that 'placed on the market' does not refer to when a second hand item, or an individual item in a product line, was first offered to the market but when the actual individual item for sale was offered by the current seller to the market. Likewise they seem unclear on the definition of antiques & collectables, which do have legal definitions. Antique has to be over 100 years old. Collectibles do come under other legislation but it's somewhat of a grey area. Again, how this would be monitored & whether postal services / other checks stick to any of the guidelines or misunderstand them is an issue. They didn't deal with the 'responsible person in the EU' question, which might not apply to some selling on Ebay, but is a major issue for anyone who adapts an item or crafts etc.
Technically it is very easy to monitor, because e-platform sales into the EU now have the same requirement as normal imports, i.e. there needs to be a legally responsible person that vouches for the safety of the product.
Not really. They misunderstood what placing on market means that the product has to be in the EU already or contracted to be sold (with exchange of money). Only goods that were in transit before the 13th Dec are considered to be placed 😢 market. The EU does not care what products were placed on the market in other countries.
Not really. They misunderstood what placing on market means that the product has to be in the EU already or contracted to be sold (with exchange of money). Only goods that were in transit before the 13th Dec are considered to be placed 😢 market. The EU does not care what products were placed on the market in other countries.
You can't list the makers anyway. You are responsible for the safety of the product, so you have to have a representative in the EU. If you are reselling a product into the EU, it is up to you to make sure that it complies with EU regulations. If you want to use the manufacturer's contact in the EU to handle all this, you have to be an official reseller into the EU, or the manufacturer can refuse to act as such. At that point you're in deep doodoo with your supplier as well as the EU.
Whether this is true or not but someone on the forums said: "something being listed on a marketplace prior to 13/12 does not satisfy what the EU deem being placed on the market. Look up the EU blue guide - being placed on the market applies to individual product level (ie every unit is treated separately) and occurs at the point that single item is sold in the EU. So for sellers on a uk marketplace - that only occurs at the point the item is sold to the end user." I hope this isn't true. Also they're threatening fines up to 35,000 euros, wtf? imagine being hit with that when you're making barely any profit lol. I've turned off EU and NI to be on the safe side until this sh*t show is clarified. What a joke. Missing out on potentially a lot of sales over this.
It's true. Art. 3(7) of the GPSR regulation says: (7) ‘placing on the market’ means the first making available of a product on the Union market;" And the Commission notice The ‘Blue Guide’ on the implementation of EU product rules 2022 under 2.4. Making available and placing on the market in case of distance and online sales says: "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."
I don't believe ebay will keep to anything thay say, they will do what they like, as GPSR I will do absolutely nothing like you the EU are not going to tell me what to do as you say all the stuff I sell is second hand anyway, so wont be afffected. I feel they really don't care anymore unless you sell high volume of stuff, to be honest i have got to the point where I can't be bothered anymore everything seem to get harder, and more expensive
Ridiculous attitude. The EU will exactly tell you whether you can sell to the EU or not. And GPSR explicitly applies to second hand products too. They misunderstood what placing on market means that the product has to be in the EU already or contracted to be sold (with exchange of money). Only goods that were in transit before the 13th Dec are considered to be placed 😢 market. The EU does not care what products were placed on the market in other countries.
@samhartford8677 other factors made me change platform gpsr doesnt really affect me, most important reason is the lack of seller support and no direct contact as we sellers is the soul of their platform
Yes, surely it is a nightmare for all small businesses within the EU too? And I just don’t know how the so-called authorities are going to check all this stuff. AI maybe, lord help us 🫣
I know brexit supports don't like facts, but Brexit is the reason we had no input in this legislation, & apart from that the UK has very similar legislation currently going through the system, as does the USA.
Sorry, their advice is clear about trade internal to GB. The rest is 'not legal advice', as in not legally valid. Anything physical that enters the EU post-GPRS will have to comply with GPRS, because there were not placed in market inside the EU before that. Placed on market only means goods that are in transit or warehouses in the EU. This was one of the things that were integral to the UK leaving the EU & the withdrawal agreement. And after 1st of Jan 2021 everything that had to cross the border had to comply with customs and regulatory requirements. So, it really is wise to shut off selling to the EU and NI.
OK, sorry. So far I have not heard anything except what the Ebay says about your account. This has nothing to do with what is required for your products to be delivered into the EU. EBay clearly says on its GPSR advice video to provide to the details of the EU-based company assuring compliance. Your misunderstanding rises from your faulty understanding of "placing on market". It means the product has to be in the EU already with a distributor or sold to a consumer in the EU before the 13th Dec. That is, any non-food product or service provider has to make sure the products comply. That is, it's the delivery services at last that will block the delivery of your goods. This is what happened with Brexit, i.e. the UK leaving the EU: UBS etc. charged tariffs anything they could or declined goods, because they did not want to have anything to do with reclaiming or being responsible for anything related to the trade they were a delivery service to.
Their advice is wrong. Placing on the market means placing on the EU market, as in being already in the EU or having been sold to an EU customer before the 13th. ***** Art. 3(7) of the GPSR regulation says: (7) ‘placing on the market’ means the first making available of a product on the Union market;" And the Commission notice The ‘Blue Guide’ on the implementation of EU product rules 2022 under 2.4. Making available and placing on the market in case of distance and online sales says: "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."
Thanks guys - been reading endless posts and watching countless videos online to try and figure this one out, and finally you've answered the question I needed answered
Thanks for taking the time to help the rest of us get our heads round this S***
@@viviennemills9871 yeah. Ebay.😁
"Doesn't apply to items available before Dec 13th 2024" Until the package arrives at German customs and they decide it does and return the package after several weeks in their usual manner?
thank you for managing to get some clarification from ebay. Its a relief that on the surface its not as harsh as we had feared. just the info regarding the goods before date, is a game changer. thank you both again 🙏
Not really. They misunderstood what placing on market means that the product has to be in the EU already or contracted to be sold (with exchange of money). Only goods that were in transit before the 13th Dec are considered to be placed in market. This was how placing in market was defined under the Brexit Withdrawal Agreement too.
Please can you update this because it seems that some of the info you've given out is not true. Correct me if I'm wrong but..... it DOES affect secondhand / vintage goods that were manufactured before dec 13th 24 ?
It does affect any goods that are outside of the EU or not sold to the EU before the 13th.
Art. 3(7) of the GPSR regulation says:
(7) ‘placing on the market’ means the first making available of a product on the Union market;"
And the Commission notice The ‘Blue Guide’ on the implementation of EU product rules 2022 under
2.4. Making available and placing on the market in case of distance and online sales
says:
"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."
thanks for the update QUESTION if they do hide one of your listings does that hide it for the uk aswell as eu or is it hidden to just eu
@pitco-408 that is exactly my concern. They say they will only hide from EU and NI. I don’t actually have that confidence in them to get this right.
It will only be hidden in the EU and Northern Ireland
Yup my fear too, the easiest thing for them would be to just pull the listing entirely.
It only hides the listing from the EU and Northern Ireland
@@andreahills74 Thanks Andrea, you have an awful lot more faith in them than I do.
THE REAL QUESTION IS WHATS THE REAL AGENDA BEHIND THIS
@@lancethrust9488 Crushing small buisiness and youll own nothing and be happy by any chance ?
I was reassured by your video.. until I read the comments!! I’ve decided to turn GSP off anyway as I’ve only had 2 or 3 sales through it in the last couple of years (I sell mainly clothes and books) but will keep NI for now.
NI is affected also
@ I know!
@@nataliekibble9091 As long as you don't ever ship anything to the EU or NI, you'll be good.
Goodbye Amazon, hello Ditchit! It’s made my shopping experience easier than ever. 🌟
Thanks for your help with this GPSR on Ebay its now a bit clearer..time will tell
Nope, sorry. Not helpful. Their legal opinions were based on what eBay would do with their accounts. That has nothing to do with whether any goods can be delivered to the EU.
If your products are in the EU already, as in they have passed the customs are there to be distributed, they are OK. Anything that shall be shipped AND offered has to comply with GPSR as in they have to have a representative in the EU to testify to the safety of your products.
@@samhartford8677 How thick are you ?
Clearly said its a complicated issue and the video just touched on the subject ........know all know nothing springs to mind .......do better with your own video on youre own channel .......ohhhhh .... no look its empty like your head
hugz
xxxx
@@samhartford8677 That's what some people are saying, but god I hope this isn't true. EU and NI is a big chunk of our sales and it sounds like there is no way around this for resellers...? or products that already exist.
Saint nic what about dinosaurs bones and fossils do you have to put the ruff date and the composition
Collector's items do not fall under the GPSR.
I hope this puts a stop to Temu!
@@melaniemdx760 Nope, they seems to have paperwork in order
As someone in Northern Ireland this worries me. Most items available to us come from mainland UK. Hopefully it won't cut us off in years to come.
It will does.Believe me.
PLEASE NOTE: on the market before 13.12.24 does NOT mean you have listed it. If the product is not stored in the EU (already there before 13.12.24) then it MUST comply. The exceptions are if the product is over 100 years old (needs official checks) and digital products listed before 13.12.24 as they are already 'in the EU'.
Thanks Nic & Andrea, this has put me in great mood, as i was worried about 13th dec, thanks !!
They are wrong!
Great video, did anyone ask why this doesn’t seem to be affecting other non EU sellers eg US or AUS sellers? Haven’t seen any of those guys talking about it?
It does affect them, and the US government issued its instructions to US businesses at the end of September.
It only affects people selling to Northern Ireland, Austria, Belgium, Bulgaria, Croatia, Cyprus, Czechia, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain and Sweden.
You are a distributor so yes it applies to all your vintage products that you place on the market after the 13th of December 2024. Just because it was sold in the past by a manufacturer does not exclude you from compliance as a distributor now. The only vintage items not included are antiques over one hundred years old.
I'm sorry but this is simply not true.
@ so you’re saying if an item us second hand the new regulations don’t apply
@@kayholder8617 No. If an item is 2nd hand and was not available 'on the market' before 13/12/24, it will need to meet the GPSR.
An item could be bought and sold 10 times or more before it ends up on your ebay store. It could have been sold at an wholesalers warehouse, a charity shop, a market stall, an auction warehouse, in a high street store or any combination of those...... How the hell are the EU going to police that? It's literally impossible. This is aimed and new goods being produced and I believe it's aimed at stopping all the fakes..... That's a good thing.
This rule applies to any manufacturer wishing to sell goods made after 13/12/24 in the EU...... They will have to provide the info required and it'll probably be on the box.
@@kayholder8617 No. If you list a 2nd hand item on your store that was produced after 13/12/24, you will need to apply GPSR. That's what Ebay are saying.
GPSR also applies to any manufacturer wishing to sell it's products in the EU. They will have to supply the info and it'll probably be on the box. If you don't have the box, you'll in most cases, find the info with a quick google search.
@@SilverTrowel631 Seriously, are you trying to claim that goods manufactured anywhere in the world whether they comply with EU regulations or not can be sold to the EU somebody just put them up on a web page?
Seriously?
The directive is about placing on the EU market, which is a legal definition meaning that the goods are already in the EU or sold to an EU client before the 13th Dec.
To sell anything to the EU after yesterday, you will need an EU-based representative who will legally be responsible for the safety of your goods. The law explicitly includes second-hand products. That is, only the second-hand good sellers in the EU are exempted from this law when their goods are already in the EU.
Interesting, thanks for sharing. I think, as someone else mentioned, it has to do with when you offer the item for sale rather than when it was made (unless it is an antique, which wouldn't apply anyway). So, if an item was for sale before 13 Dec 24, the legislation doesn't apply. Which makes me wonder if when sellers end items and 'sell similar', if ebay will flag the newly listed items as an issue. Don't quote me on anything though, but that was just my take on it. I read into it a few months back, but can't remember where I got the info from!
If the product was already in EU before 13.12.24 then it doesn't apply. If it is a digital product listed before 13.12.24 it doesn't apply. All other cases need to comply. So product list before 13.12.24 but stored in UK until sale now needs to comply even though was listed before deadline :)
I sell worldwide but turned my EU and N I off a few days ago ,I only sell new items but I don't sell many to EU or NI and although I only sell new I believe if I leave them turned on nothing will happen but I don't want to risk the headache dealing with it if I'm wrong ,I might turn some back on after Christmas and see what happens ...thanks for the heads up very informative and helpful video cheers 👍
New items also fall under the GPSR. It is your responsibility to make sure the items comply with all relevant safety information wherever you sell them. If you only resell items in the market they were approved for, the manufacturer's warranty and documentation may suffice ... but it really depends on them (they may decide they don't want to be responsible for resold goods that may have been tampered with).
This is actual the law already, and the EU is just the first to make clear how this applies to ecommerce platforms. The UK and US will introduce similar legislation.
There is a lot of other problems, like I never heard of the packaging laws. Like some heard of the German packaging law which actually applies to all these states according to my research. Austria, Bulgaria, Croatia, Cyprus, Denmark, Finland, France, Germany, Greece, Hungary, Luxembourg, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden. You actually need a licence to send to these states, how is ebay and sellers dealing with all this ? Again it becomes too costly to send to EU :(
Thanks for the video Nic & Andrea - It is reassuring so it does help. I do, however, think that, as a number of people have commented, clarification is needed around the whole "first placed on the market" phrase. Is the date of 13/12/24 about when the item was manufactured, first made available for sale universally (i.e. outside of ebay), when someone first listed it on ebay or when an individual seller first listed it on ebay? In addition how are re-listed items and duplicate items treated? Also, what contact details are expected if the manufacturer is no longer trading?
The EU directive says "placed on the EU market" - that is, it's not about being manufactured or placed on the market outside the EU. If your products are already in the EU, you are fine. If not, you will need an EU-based representative that will legally guarantee your products comply with current EU regulations (unless over 100 year old antiques).
The contact details that you need to provide are yours, because when you sell second-hand, it is your responsibility to make sure that the item is safe, not the original manufacturer (unless the item is still under warranty by them, and then you must provide all the information to your buyer so they can use it).
placed on the market = it has already passed the EU customs border
i feel alot better now thank you
Thanks for doing this. I was hoping you would get some sense from your contacts at ebay. The ebay community discussion groups have got so confusing due to everyone having different businesses selling different things. The thing that concerns me is that I've heard that the UK government have a bill going through called the Product Regulation and Metrology Act which is making its way through parliament which from what I am told will commit GB online business sellers to following the GPSR, so I'm not sure we will be able to do nothing for too long.
eBay will be held responsible if a seller violates the GPSR, i.e. when an item is sent through EU/NI customs without the required information. Repeat offenses can cost them 4% of global revenue, so they will take actions against your accounts at some point.
I thought 'placed on market' refers to when YOU put it on the market and not when it was originally produced/sold. That is, existing listings can stay and don't need updating, whereas new listings will need to comply.
Nope, it means being placed in the EU market - it's a legal definition of EU law, not something that people outside the EU can decide the meaning of - and it means that the goods are already in the EU or were sold to an EU client before yesterday.
Old listings have to comply as well, unless the item is already in the EU in some warehouse from which it will be shipped to an EU customer.
Thank You for taking the time for letting us know. Much appreciated.
The lesson you should take is that you won't be selling anything to the EU, not their other nonsense. Placing on the market is a legal definition of EU law and it does not mean being manufactured somewhere in the world. It means being in the EU before yesterday or having been sold to an EU client before yesterday.
Thanks guys. I was going to switch NI and EU off on Friday. I thinknim not going to bother now and just do nothing and see what happens
Let us know how big the fines are.
Really well done video on a tricky subject. A rational explanation of a very tricky subject. Will put some minds at ease I think the community will be very grateful for this.
No it was not. It was wishful thinking. And completely inaccurate. They consulted would happen to them from the point of eBay, but not what would happen to them from the point of view of EU customs checks.
@samhartford8677 well we don't know about custom checks as they haven't happened yet. As Nic said the law is worded quite ambiguously so for customs checks they just don't know yet as we don't know how much this will be enforced and how it will enforced. They did a great job based on the information available.
@samhartford8677 additionally I don't send anything to Europe on eBay that isn't through GSP so for me it would need to go through Ebay anyway. So the customs checks would be their concern.
@@samhartford8677 customs are gonna stop my 1977 LP of abba? or my 1991 ghostbusters figure or my 2006 furby?
@@elreventa You do know that everything that enters the EU post 13th Dec 2025 will have to comply with EU regulations, no?
Thanks for the Info Nic & Andrea have a Great Christmas.
Thanks Nic and Andrea. The option of doing nothing works for me! 😂
They are wrong, though.
it's important to note that these existing products must continue to comply with the safety requirements that were in place under the GPSD at the time they were first marketed. This means that while they are exempt from the new GPSR provisions, they are still subject to the earlier regulations. Therefore, if a product was not compliant with the GPSD before December 13, 2024, it cannot legally remain on the market under the new GPSR framework.
You half correct, but their interpretation of what placing on market means is incorrect. It means sold to the EU. That is, all products sold to the EU from today have to have the safety information and an EU representative.
If a product was legally compliant with GPSD, but it was not in the EU already, it now has to comply with GPSR when coming into the EU.
Isn't UK working on implementing its own version of GPSR that will be valid for UK to UK sales?
Wouldn't matter to the EU.
@@lacdirknot sure what you mean. As I understood it…… UK gov is setting up UK specific legislation that mirrors EU requirements but for sales made into UK. So effectively a set of GSPR UK rules will be brought into law
@@ianbullock5621 Yes, but they will apply for sales by non-UK sellers into the UK.
I thought that your comment was differently intended, i.e. I thought you meant that if the UK brought in the same regulation, there would be regulatory convergence with the EU and that could lead to the removal of this barrier.
@@ianbullock5621 UK GPSR rules will only apply to non-UK sellers selling to UK buyers, just like EU GPSR rules only apply to non-EU/NI sellers selling into EU/NI.
UK GPSR will not affect UK to UK sales. EU GPSR does, because the EU customs border is between GB and NI.
@@lacdirkPerfect thanks for clarifying
It's now the 17th and I have gone from an average of 3 sales a day to zero sales in 4 days, coincidence? I sell used bike parts from/for 20+ year old bikes. Strike that, my first offer on 4 days just came in, I just accepted it.
In order to sell into the EU or NI now, you will have to have an authorised representative inside the EU. They misunderstood what placing on the market meant, as in it means placing on the EU market (i.e. already being in the EU or having been sold to a customer in the EU prior to the 13th). You are fine with selling inside the GB or to businesses in the EU or NI, but you will have to comply with the safety info requirements.
My head has been buried in the sand since the German packaging debarkle
I still sell things to Germany via eBay, I haven’t joined any of those stupid packaging programs, the items got there, and no German packaging police came round and arrested me yet LOL.
@@vintagevic4593 Same
…and I still ship to Germany
Many Thanks, Nic & Andrea
Any idea whose responsibility it is to prove the age of an item is pre 13/12/24? I resell preloved and vintage jewellery and I just buy it in bags usually so no idea of the age. Is it down to me to prove how old it is, the buyer or eBay? Or the legislator? Obviously right now I can say all my inventory is pre that date but who’s to say in a year’s time? 🤔 Thank you so much for asking the questions for us and reporting back ❤
"The General Product Safety Regulation (GPSR)[1], like the current General Product Safety Directive (GPSD)[2], applies to second-hand products except for those products marked as to be repaired or reconditioned prior to their use. The GPSR does not apply to antiques, work of art or collectors’ items[3]." - E-001835/2024(ASW)
So the items you are talking about are fully covered by GPSR, unless you can sell them as unsuitable for wear without repair or reconditioning. That essentially means you can sell to businesses in the EU that will resell them, you can not sell them to end customers. The reason is that if someone repairs/reconditions the item before putting it on the EU market, they are responsible for its safety.
By the way, the age of the item is irrelevant. From the same EU document "Products that were already placed on the EU market before 13 December 2024 can remain on the market with no new requirements linked to labelling, including for resale as second hand after that date, provided that they complied with the GPSD". This means that an item that was already for sale in the EU under the GPSD (the older version of GPSR) can remain on sale.
However, to be "already placed on the EU market", the item must already be in the EU, for sale only to EU customers.
Your question is irrelevant. The product would have needed to be placed on the EU market before last Friday, now all products sent to the EU have to comply with EU safety regulations and have an EU-based representative.
*****
Art. 3(7) of the GPSR regulation says:
(7) ‘placing on the market’ means the first making available of a product on the Union market;"
And the Commission notice The ‘Blue Guide’ on the implementation of EU product rules 2022 under
2.4. Making available and placing on the market in case of distance and online sales
says:
"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."
if your trying to figure out if they are antiques they must be over 100 years old. This is your responsibility, you would need to spend your money to have the product checked professionally and get a certificate of age to be able to get it through customs. If it is less than 100 years old it has to comply with GPSR. If you meant in terms of proving it was made before 13.12.24 then that doesn't matter, if its not already in the EU by then you have to comply :)
For once, thank god for brexit. What an absolute nonsense, far too much bureaucracy! Superb video Nick and Andrea, very informative. You'll probably need a part 2 for lots of these questions!!
This is because of Brexit. If we were still in the EU, this would not be an issue. EU sellers have no worries. Still f**k Brexit
Actually, if it hadn't been for brexit these rules would not apply to GB sellers. It's only because of brexit that GB sellers now must comply with EU safety regulations for imports.
Don't worry, GB will be next with new legislation coming
WATCHING and listening carefully. Thanks for this
Sorry, this was not legally correct information.
1. I sell products that are delivered digitally by email.
These are e.g. software licenses, installation keys / files, subscriptions and the like.
What is your insight on this type of product?
How to customize such a product for GPSR?
2. I also buy and sell other products in the EU that are delivered directly to end customers in the EU - in other words, dropshipping. How should I think here? I think I only need to enter company name, address and mail adress
Thank you for this, glad i didn't panic i shall be doing the same as you 👍🙂
Don't. They are wrong.
Thanks a lot for this.
One of the most unnerving things is the constant barrage of messages from ebay about signing up for a "account assurance manager" to offer "dedicated assistance with select account restrictions from our expert team" for six months. If there's nothing to worry about, why is this necessary? Is this more for sellers selling new items? 🤷♂
There is something to worry about. They misunderstood what placing on market means that the product has to be in the EU already or contracted to be sold (with exchange of money). Only goods that were in transit before the 13th Dec are considered to be placed 😢 market. The EU does not care what products were placed on the market in other countries.
And GPSR explicitly applies to second hand products too.
GPSR applies to all items that are not art, collectible or more than 100 years old.
As much as I appreciate your information, I don’t trust eBay to that extent on visibility. Coupled with the various European packaging rules and regulations I’m happy with my UK, US and Australian buyers, time is money, staying switched off in the EU and NI.
Visibility isn't what matters in the end for a seller. What matters is that no items are shipped into the EU/NI without the correct information.
Marketplaces are going to lose a SH*T ton of money over this, so it's in their interests to get this resolved, fingers crossed ay.
@@joeshelvey8710 They are not going to take legal liability for whatever anyone on their platform sells. Their solution is to allow sellers to hide products, and if sellers still ship to the EU/NI without the correct paperwork and representation, they will kick them off the platform. Problem solved for them.
Hiya thank you the info and effort and sharing is very much appreciated.
someone needs to create a free website/database where people can submit info for items
Thanks for your explanation on this. Your right it is very worrying for sellers and how this may affect our accounts and sales too
They are wrong, though.
Thank you for this info! The only issue i still have is how will they check how old a product is, does it need EAN or Year field filled in? ( maybe you say it later in the video)
They misunderstood a) what placing on market means that the product has to be in the EU already or contracted to be sold (with exchange of money). Only goods that were in transit before the 13th Dec are considered to be placed 😢 market. The EU does not care what products were placed on the market in other countries. And b) that GPSR explicitly applies to second hand products too.
It's irrelevant how old the product is unless it's an antique.
I watched this video yesterday, and you totally put my mind at ease. This morning I awoke to an eBay email: Action Required - GPSR Non Compliance. What on earth could it be? I only sell secondhand items. It was cuddly toys. The email asked for safety certificates, compliance documents and company info. I’m sorry, but your video contains massively incorrect information. This is going to be a bloodbath for toy sellers.
Exactly.
The video is indeed incorrect.
"The General Product Safety Regulation (GPSR)[1], like the current General Product Safety Directive (GPSD)[2], applies to second-hand products except for those products marked as to be repaired or reconditioned prior to their use. The GPSR does not apply to antiques, work of art or collectors’ items[3]." - E-001835/2024(ASW)
It seems like we need a lawyer in EU law to give us information. I’ve turned off Europe & NI, feel much better and will look again once people have got a handle on it.
What matters isn't the visibility, though, only whether you ship your item to the EU/NI. Visibility is just something eBay does to defend itself from prosecutions.
@ sorry meant to say took them off of my shipping list
@@elizabethlovelock9613 I think that that is the only correct move at this time.
How do you prove the age of an item if there is no indication of age on the product?
They misunderstood this: GPSR explicitly applies to second hand products too. And . Not really. They misunderstood what placing on market means that the product has to be in the EU already or contracted to be sold (with exchange of money). Only goods that were in transit before the 13th Dec are considered to be placed on the market. The EU does not care what products were placed on the market in other countries.
Thanks folks , this is incredibly helpful & reassuring :)
Sorry, their advice is not legally correct. They misunderstood what placing on market means under EU law. It means already with a distributor in the EU or already sold to a customer in the EU.
But how are eBay going to differentiate between what’s pre GPSR and what isn’t.. is there any easy drop down to say this is pre or do you just jot fill in the info if it isn’t.. then what stops that listing being hidden if so..
Good point. That's why the GPSR explicitly applies to second hand products too. They basically misunderstood what placing on market means that the product has to be in the EU already or contracted to be sold (with exchange of money). Only goods that were in transit before the 13th Dec are considered to be placed on the market. The EU does not care what products were placed on the market in other countries.
@ I’m not sure that answers my question though does it? (I mean that sincerely and genuinely, not sarcastically) lol or am I just not understanding fully? So no matter what, GPSR still applies?
@@retrosheller9214 GPSR still applies, yes. The only exceptions are if your goods are already in some EU warehouse or on their way to the customer (but already past the border).
Art, collectibles and items more than 100 years old are exempt.
UK is currently implementing the exact same law its currently being reviewed and going thought the processes at the moment, I do believe the USA is also doing something similar. So we might as well all get use to it. By what Andrea said at the end I don't think you have understood it correctly if you list something for sale after the 13th the new regulations apply. All Article 51 is saying is you don't have to go through all your old listings and update them to the new standard. The regulation mentions second-hand items "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" .... So Andrea hasn't got 20 years she has 1 day to get as much stuff listed before it kicks in.
"All Article 51 is saying is you don't have to go through all your old listings and update them to the new standard. " Sorry, but even that is not quite true. Unless the item is already in the EU, i.e. you are selling out of an EU/NI fulfillment center, you have to update the listing with GPSR information, or make sure that the item will never end up being shipped to the EU/NI.
@@lacdirk This is really depressing, how can you update a listing with GSPR info for 1000s of products, it's impossible! also even if you could and have a "responsible person", what is the point of this responsible person if they have 0 clue about what you sell because you have so many different items...? it makes 0 sense for sellers with a vast inventory! i'm baffled by this. I can't imagine they'd take responsibility for anything or even have a clue what was sold!
@@joeshelvey8710 I understand what you mean, but that is exactly the point: these people have no business selling things into the EU market if they do not know anything about what they are selling and are not able or willing to be legally liable for them.
The real target may very well be the companies that are abusing the system to get around regulatory requirements, but it sure as hell is supposed to stop amateurs from selling stuff they don't know anything about too.
The UK and US will be bringing in similar legislation. Not just because they both follow the EU in general on such matters, but because no one wants this huge loophole in their market.
By the way, if you can actually make a case that the products you sell are safe, there should not be a big issue finding a legal representative in the EU to deal with the paperwork, complaints and potential law suits. It's part of doing business in your own country (even if most sellers don't seem to be aware that they may be personally liable for anything they sell).
@@lacdirk The problem is that basic stuff that resellers may sell, which are CLEARLY safe (e.g. books, cds) should not have to comply with these new rules, because anyone with common sense knows they're safe. This is why it's so frustrating for people like us who are actually careful with what we sell. The fact antiques are excluded and not stuff like this makes no sense to me at all. We have excluded EU and NI and it's really impacting our business - it was hard already. I just don't want to take any chances without someone official saying it's okay. If all we need is an EU rep and no other action taken (e.g. no extra paperwork or labeling) then we could potentially comply, but not sure if this is enough.
@@joeshelvey8710Do you actually check that the ink used for the books is safe? Could you provide evidence that it is? If I buy a copy of my own book from you, and it turns out it's an illegal copy, or one printed for a different market, who do I sue?
Just a rep won't be enough as there are also labelling requirements and other documentation (more related to IP protection) that will improve traceability and accountability. That includes for instance where the paper was sourced and whether the author was properly paid.
CDs are digital information, so they could be used to spread viruses, illegal copies etc.
It is probably exasperating, but the wild west period in e-commerce is coming to an end. The EU's just the first to close this legislative loophole, others will follow.
It's certainly true that second hand book and CD sellers aren't the primary offenders, but they have to be held to the same standard so disreputable companies and individuals don't just label their products as second hand to evade regulation.
Do you see another way in which a country can protect its own citizens and producers?
Thanks for that information Nic and Andrea - it's good to know.
Not really. They misunderstood what placing on market means that the product has to be in the EU already or contracted to be sold (with exchange of money). Only goods that were in transit before the 13th Dec are considered to be placed 😢 market. The EU does not care what products were placed on the market in other countries.
Does this include the global shipping programme?
Yes, GPSR covers everything sold into the EU and it applies to second hand products too. . Not really. They misunderstood what placing on market means that the product has to be in the EU already or contracted to be sold (with exchange of money). Only goods that were in transit before the 13th Dec are considered to be placed 😢 market. The EU does not care what products were placed on the market in other countries.
Time to have another vote.
So why doesnt ebay let us know which listings needs gpsr BEFORE it goes live on 13th?????
Because all products will, including second hand ones. They misunderstood what placing on market means that the product has to be in the EU already or contracted to be sold (with exchange of money). Only goods that were in transit before the 13th Dec are considered to be placed 😢 market. The EU does not care what products were placed on the market in other countries.
All of them do. And this is just a clarification for ecommerce of what the law already was anyway: you can't sell unsafe stuff into the EU. Similar legislation is coming everywhere.
Thank you but do you know if it’s the same for people in the Eu I’m in France and can’t find out anythiing
Yes and no, as a seller you are already in the EU and are legally responsible for the safety of your goods, but you do have to comply with the product safety regulations and translations.
You don't have to do anything. You are already - and have always been - responsible for the safety of what you sell.
Thanks for taking the time to update us.
I did a bit of research and it was pretty clear what the EU were planning. I don't think there was ever a reason to panic.
Ebay may have been able to get info out there faster but they probably knew as much as everyone else,. They've had to educate their staff on the issue and program a massive update to the listing information pages. And they probably knew the vast majority of the (UK) sellers were not going to be too adversely affected, so took their time to get things right. (Not like them, I know).
One thing worth remembering going forward is that if a manufacturer wishes to sell it's new to the market good's in the EU, they will have to comply to the GPSR. The relevant info will be on the box. If in a few years you have one of those items that needs to meet GPSR and you don't have the box, google is your friend. You're welcome.
GPSR explicitly applies also to second hand goods so not really. They misunderstood what placing on market means that the product has to be in the EU already or contracted to be sold (with exchange of money). Only goods that were in transit before the 13th Dec are considered to be placed 😢 market. The EU does not care what products were placed on the market in other countries.
@@samhartford8677 Yes GPSR applies to 2nd hand goods....... But not if those 2nd hand goods were available in the EU before the deadline date.
We have made zero changes to our listings and literally an hour ago, we sold a 2nd hand item to Italy. We have listed items today (Some 2nd hand) with no GPSR info and have not received any emails from Ebay telling us those listings are hidden from EU customers.
My advice to anybody (UK) would be carry on as normal and if there's any issue, deal with it then.
@@samhartford8677QUOTE 'Only goods that were in transit before the 13th Dec are considered to be placed'
If I put a 2nd hand toy on ebay that was produced in 2020, it's safe to say that toy was 'In transit' before the 13th Dec 2024.
All UK resellers are adversely affected. An item that is GPSR compliant when it's sold to the EU is not affected if it stays in the EU. If it sold outside the EU, or if it is moved outside of the EU, it can not be exported to the EU again without complying with the GPSR. The original manufacturer may still act as the safety contact, but only if you are an official reseller. For items that they themselves sold in the EU that may not be an issue. For items that they sold outside the EU, the serial number will let them off the hook, and you hold the bag.
Thanks for the help and advice. Massively appreciated…
Not really. They misunderstood what placing on market means that the product has to be in the EU already or contracted to be sold (with exchange of money). Only goods that were in transit before the 13th Dec are considered to be placed 😢 market. The EU does not care what products were placed on the market in other countries.
I am not sure whether this has helped me.
A few points
1. You say eBay will block any listings that do not show GPSR information
2. You then say if selling UK mainland to UK mainland GPSR info is not required
3. Who judges whether an item that is offered for sale was made before 13/12/24, when GPSR info is not needed
4. Any secondhand items made before 13/12/24 do not need GPSR info, in 2 years time who will be able to say if an item was made after 13/12/24.
I haven't checked the links yet, I wanted to put those points down before my ancient addled brain forgot them.
They misunderstood the law. The key is this: the product had to be placed on the EU market - not foreign markets. If your goods are not in the EU already, you will need to get an EU-based representative who will legally be responsible for your products to be compliant.
1 and 2: GPSR is only required when you send an item from outside the EU/NI to the EU/NI.
3 and 4: GPSR info is needed no matter when something was made, unless it's an antique (i.e. >100 years old).
@@lacdirk I know this, I was merely pointing out that the info that Nick and Andrea gave was largely confusing and of litte use.
@@naidramahserg Terribly sorry, I just wanted to make sure the questions were answered.
Thanks for being the voice or reason in this matter.
eBay just like stirring stuff up. They keep adding and changing stuff thats just not needed. As a person trying to streamline a large-scale business on the platform, it's very tedious. I understand them following legislation, but the platform has changed too much over the last few years, and with no doubt, more silly additions and changes to come.
Not really. They misunderstood what placing on market means that the product has to be in the EU already or contracted to be sold (with exchange of money). Only goods that were in transit before the 13th Dec are considered to be placed 😢 market. The EU does not care what products were placed on the market in other countries.
Thank you, very helpful video 😊
. Not really. They misunderstood what placing on market means that the product has to be in the EU already or contracted to be sold (with exchange of money). Only goods that were in transit before the 13th Dec are considered to be placed 😢 market. The EU does not care what products were placed on the market in other countries.
Thanks Nic & Andrea 👍
Seems like nothing to worry about unless you live in Northern Ireland then you just get shafted, not really fair for a country in the United Kingdom.
Actually if you live in NI you are protected from unsafe products just like everyone else in the EU. The UK will bring the same regulations in the near future, closing the loophole.
Anyone who sells to the EU or NI has to comply with the regulation.
how would eBay know when your product was made and if it needs to follow the new law and what if eBay wrongly hide something
I would just fill in a load of made up stuff if I had to. Who is ever going to check LOL. I think everybody is worrying about this too much. Unless you are a massive business, in which case you would need to comply with EU rules in general anyway.
@@vintagevic4593 Nah, they are worrying for a reason. They misunderstood what placing on market means that the product has to be in the EU already or contracted to be sold (with exchange of money). Only goods that were in transit before the 13th Dec are considered to be placed on the market. The EU does not care what products were placed on the market in other countries.
They won't. GPSR explicitly applies to second hand products too.
@@vintagevic4593 The law does not look kindly on smuggling of goods, especially if they don't comply with safety regulations.
It's irrelevant when a product was made, what matters is when it passes the EU customs border. Any goods that are not in the EU/NI at this point must fully comply with the GPSR.
Thanks for the update, it has been a difficult subject to digest
. Not really. They misunderstood what placing on market means that the product has to be in the EU already or contracted to be sold (with exchange of money). Only goods that were in transit before the 13th Dec are considered to be placed 😢 market. The EU does not care what products were placed on the market in other countries.
@@samhartford8677Can you do a video please?
@@samhartford8677If your so clued up on this issue then do a video on it rather than commenting loads of times the same stuff
@@Peterwrayadventures And how many people would actually watch the video, because I've got no followers?
Also, it is said in the effing regulations. I am not a native English speaker, but it still amazes me that people cannot understand English even if they are native speakers. And I will never understand this idea that one can get legally sound advice from somebody on a social media feed.
@@Peterwrayadventures However, if you google 1020/2019/EC Article 3(6) it clearly says the product has to be placed on the EU market and Article 51 uses the same language.
Anytime one reads a legal document one has to start with the definitions and not imagine things in their own heads. This is the basics I learnt at my European and International Law course I took whilst at Uni.
Thanks guys. Very concise.
They misunderstood what placing on market means that the product has to be in the EU already or contracted to be sold (with exchange of money). Only goods that were in transit before the 13th Dec are considered to be placed 😢 market. The EU does not care what products were placed on the market in other countries.
Thank you to you both for this summarisation of a detailed subject which obviously ebay are struggling to get clarification on as well. Seems like common sense all round. The GPSR seems generally aimed at the new items sold dirt cheap from China. The items I sell in my niche are almost all pre-2010 so looks like I can relax about it all, as will many other resellers who feared for their business.
Not really. They misunderstood what placing on market means that the product has to be in the EU already or contracted to be sold (with exchange of money). Only goods that were in transit before the 13th Dec are considered to be placed 😢 market. The EU does not care what products were placed on the market in other countries.
GPSR explicitly applies to second hand products too.
GPSR fully applies to the products you sell, unless they are pre-1924, because then they can be classified as antiques.
It don't qualify for Collectables. I have looked at EBay's video on GPSR. For example a Wedgwood Plate that would be collectibles. Thank you Nic and Andrea for this useful video.
GPSR warnings and penalties. You MAY receive warnings from eBay for non compliance products. Repeated violations of product safety regulations could lead to penalties, such as: Account restrictions and suspensions, Listing limitations, Temporary or permanent loss of selling privileges.
Hi. Where did you read that? And is it specific to GPSR because I believe that was a rule already in place.
You may also personally be liable for considerable fines from the EU. Smuggling (esp. of unsafe products) is not looked kindly upon.
yup its a nightmare i have had listings stopped then i relisted then nothing done from them cause they didnt know lol no its been inforce for awhile lol
Thanks both. Clear information at last. x
Nope. It's faulty information. Direct sales to persons inside the EU or NI require an authorised representative regardless when the products were manufactured. They misunderstood what placing on the market means.
****
Art. 3(7) of the GPSR regulation says:
(7) ‘placing on the market’ means the first making available of a product on the Union market;"
And the Commission notice The ‘Blue Guide’ on the implementation of EU product rules 2022 under
2.4. Making available and placing on the market in case of distance and online sales
says:
"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."
Thanks for this info. I sell cameras, mainly older models so no worries for a few years.
Not really. They misunderstood what placing on market means that the product has to be in the EU already or contracted to be sold (with exchange of money). Only goods that were in transit before the 13th Dec are considered to be placed 😢 market. The EU does not care what products were placed on the market in other countries. And GPSR explicitly applies to second hand products too.
GPSR fully applies to the products you sell, unless they are pre-1924, because then they can be classified as antiques.
So question is why have i had 8 listings taken down since August for not being able to give manufacturers details for this gspr. Yet plenty of these exact items still are being sold by other ebay sellers!
What are those items?
@ kids toys
@@atristram54316 Don't quote me on this but I think I read that only business sellers are allowed to sell toys for the under threes. Maybe the other listings that are live are either business sellers or maybe private sellers that have not filled in the age range specific as under 3 so they haven't been picked up by the algorithm????
They misunderstood what placing on market means that the product has to be in the EU already or contracted to be sold (with exchange of money). Only goods that were in transit before the 13th Dec are considered to be placed on the market. The EU does not care what products were placed on the market in other countries. And GPSR explicitly applies to second hand products too.
It depends on whether those ebay sellers allow those items to be shipped to the EU/NI. If they don't allow that, they are safe. eBay will act based on visibility of the item, but that is just to stay out of the firing line: in the end it's you that has to avoid shipping the items without correct safety information.
I don't mind the safety regs, I can write those myself for my own product. It's the "responsible person" that I can't solve. I am *NOT* going to appoint someone for selling in Northern Ireland because I just think that thats morally wrong. As for the rest of the EU I am kind of thinking of adding terms and conditions that each customer has to be their own RP and it's a "trade only" product. My product is niche enough that my customers would probably accept that. Whether that's actually legal though....
That customer would need to get all the technical details from you, there would need to be an actual contract and that person would be liable to provide the info about the safety of the product to the EU market authorities upon demand for 10 years. Does not sound like a competitive plan.
@samhartford8677 I don't really have any competition to worry about. As I said, it's a niche product.
"A person who acts as a lawyer for themselves has an idiot as a client"
You can't just write safety compliance documents, and you can not shirk the responsibility to your customer.
You are very much correct that what you are suggesting is illegal.
should you have pl insurance in the event that a used or new product you sell causes injury to the buyer?
@@robshaw3655 I have it as too many chancers and scumbags about these days.
That's likely to be one of the requirements that the EU representatives will impose.
I was told by ebay that it was items added to the marketplace (listed on ebay etc) before 13th december 2024 that would not be effected. The info you have given suggests that it is if the item was produced/available to the market before 13th december 2024. I am still confused but, will do the same as you guys are doing….. Nothing. Thanks for the video Nic&Andrea x
They misunderstood what placing on market means that the product has to be in the EU already or contracted to be sold (with exchange of money). Only goods that were in transit before the 13th Dec are considered to be placed on market. The EU does not care what products were placed on the market in other countries.
They are wrong. Listed on ebay is not "added to the marketplace". The only marketplace the EU is concerned with is the marketplace it regulates, i.e. "added to the marketplace" means being physically present in the EU. So if you are selling out of an EU warehouse, you're fine until that stock runs out.
Thanks guys
Not really. They misunderstood what placing on market means that the product has to be in the EU already or contracted to be sold (with exchange of money). Only goods that were in transit before the 13th Dec are considered to be placed 😢 market. The EU does not care what products were placed on the market in other countries.
I think I speak on behalf of everyone watching when I say, thank you both for taking the time to speak with eBay to make sense of this new legislation!
Very helpful :)
They misunderstood what placing on market means that the product has to be in the EU already or contracted to be sold (with exchange of money). Only goods that were in transit before the 13th Dec are considered to be placed 😢 market. The EU does not care what products were placed on the market in other countries.
@@samhartford8677Yea I’ve been reading about this, seems easier to turn it all off now…
In which Nic occasionally allows Andrea to talk!
Apart from that, there are a number of comments on the video that are incorrect. The legislation document, when read with the definition guide & cross referencing with the blue book, is clear that 'placed on the market' does not refer to when a second hand item, or an individual item in a product line, was first offered to the market but when the actual individual item for sale was offered by the current seller to the market.
Likewise they seem unclear on the definition of antiques & collectables, which do have legal definitions. Antique has to be over 100 years old. Collectibles do come under other legislation but it's somewhat of a grey area. Again, how this would be monitored & whether postal services / other checks stick to any of the guidelines or misunderstand them is an issue.
They didn't deal with the 'responsible person in the EU' question, which might not apply to some selling on Ebay, but is a major issue for anyone who adapts an item or crafts etc.
Absolutely agree. This was wishful thinking from people who do not understand how the law functions.
Technically it is very easy to monitor, because e-platform sales into the EU now have the same requirement as normal imports, i.e. there needs to be a legally responsible person that vouches for the safety of the product.
Fabulous video! Very informative and reassuring
Not really. They misunderstood what placing on market means that the product has to be in the EU already or contracted to be sold (with exchange of money). Only goods that were in transit before the 13th Dec are considered to be placed 😢 market. The EU does not care what products were placed on the market in other countries.
Thank you really helpful video :)
Not really. They misunderstood what placing on market means that the product has to be in the EU already or contracted to be sold (with exchange of money). Only goods that were in transit before the 13th Dec are considered to be placed 😢 market. The EU does not care what products were placed on the market in other countries.
These two mostly do not know wtf they are talking about.
I sell new items on eBay. If I were to list the maker of the item my completers could go to my suppliers!
You can't list the makers anyway. You are responsible for the safety of the product, so you have to have a representative in the EU. If you are reselling a product into the EU, it is up to you to make sure that it complies with EU regulations. If you want to use the manufacturer's contact in the EU to handle all this, you have to be an official reseller into the EU, or the manufacturer can refuse to act as such. At that point you're in deep doodoo with your supplier as well as the EU.
Whether this is true or not but someone on the forums said: "something being listed on a marketplace prior to 13/12 does not satisfy what the EU deem being placed on the market.
Look up the EU blue guide - being placed on the market applies to individual product level (ie every unit is treated separately) and occurs at the point that single item is sold in the EU. So for sellers on a uk marketplace - that only occurs at the point the item is sold to the end user."
I hope this isn't true.
Also they're threatening fines up to 35,000 euros, wtf? imagine being hit with that when you're making barely any profit lol.
I've turned off EU and NI to be on the safe side until this sh*t show is clarified. What a joke. Missing out on potentially a lot of sales over this.
It's true. Art. 3(7) of the GPSR regulation says:
(7) ‘placing on the market’ means the first making available of a product on the Union market;"
And the Commission notice The ‘Blue Guide’ on the implementation of EU product rules 2022 under
2.4. Making available and placing on the market in case of distance and online sales
says:
"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."
Fear and Worry...the fifth and sixth horsemen of the Apocolypse
I don't believe ebay will keep to anything thay say, they will do what they like, as GPSR I will do absolutely nothing like you the EU are not going to tell me what to do as you say all the stuff I sell is second hand anyway, so wont be afffected. I feel they really don't care anymore unless you sell high volume of stuff, to be honest i have got to the point where I can't be bothered anymore everything seem to get harder, and more expensive
Ridiculous attitude. The EU will exactly tell you whether you can sell to the EU or not. And GPSR explicitly applies to second hand products too. They misunderstood what placing on market means that the product has to be in the EU already or contracted to be sold (with exchange of money). Only goods that were in transit before the 13th Dec are considered to be placed 😢 market. The EU does not care what products were placed on the market in other countries.
Ebay died for me long ago already in the process of switching to another platform
Does not exempt you from GPSR if you intend to sell to the EU.
@samhartford8677 other factors made me change platform gpsr doesnt really affect me, most important reason is the lack of seller support and no direct contact as we sellers is the soul of their platform
The impact in ireland just goes to show they do not want people re-selling . GSPR just another job for someone
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If I'm selling a Real Madrid football shirt, the buyer can contact Real Madrid directly if they so wish.
Not unless you are located in the EU or NI.
Despite Brexit, we still get this piece of EU legislation. The stuff I sell is 100% safe, though, so I'm not too bothered.
If it wasn’t for brexit we would have to do this for all uk sales aswell, so it’s just aswell we left (in regards to this issue anyway)
@@TatPeddler Funny how now small businesses in the EU are not whinging like most GB small businesses?
Yes, surely it is a nightmare for all small businesses within the EU too? And I just don’t know how the so-called authorities are going to check all this stuff. AI maybe, lord help us 🫣
I know brexit supports don't like facts, but Brexit is the reason we had no input in this legislation, & apart from that the UK has very similar legislation currently going through the system, as does the USA.
@@vintagevic4593 Most likely all customs forms will require the info on the EU representative.
"Don't Panic Mr Mainwaring"
Very helpful. Thank you for clarifying the information and putting this video together
Sorry, their advice is clear about trade internal to GB. The rest is 'not legal advice', as in not legally valid.
Anything physical that enters the EU post-GPRS will have to comply with GPRS, because there were not placed in market inside the EU before that. Placed on market only means goods that are in transit or warehouses in the EU. This was one of the things that were integral to the UK leaving the EU & the withdrawal agreement. And after 1st of Jan 2021 everything that had to cross the border had to comply with customs and regulatory requirements.
So, it really is wise to shut off selling to the EU and NI.
OK, sorry. So far I have not heard anything except what the Ebay says about your account. This has nothing to do with what is required for your products to be delivered into the EU. EBay clearly says on its GPSR advice video to provide to the details of the EU-based company assuring compliance.
Your misunderstanding rises from your faulty understanding of "placing on market". It means the product has to be in the EU already with a distributor or sold to a consumer in the EU before the 13th Dec.
That is, any non-food product or service provider has to make sure the products comply. That is, it's the delivery services at last that will block the delivery of your goods.
This is what happened with Brexit, i.e. the UK leaving the EU: UBS etc. charged tariffs anything they could or declined goods, because they did not want to have anything to do with reclaiming or being responsible for anything related to the trade they were a delivery service to.
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Great Video! - Thanks for the info! 😀
Don't follow their advice.
Their advice is wrong. Placing on the market means placing on the EU market, as in being already in the EU or having been sold to an EU customer before the 13th.
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Art. 3(7) of the GPSR regulation says:
(7) ‘placing on the market’ means the first making available of a product on the Union market;"
And the Commission notice The ‘Blue Guide’ on the implementation of EU product rules 2022 under
2.4. Making available and placing on the market in case of distance and online sales
says:
"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."
PLEASE DO NOT TAKE THEIR ADVICE.