GPSR Changes: What Sellers into EU Need to Know (And Why There's Still Hope, maybe!)

[@NicolaSmithOnline]

I forgot to mention this link in the video, but this is another useful link - if you want to look at 'obligations' as a business for a specific EU country, this should give you all the details europa.eu/youreurope/index_en.htm I'm not sure they want to work with small/micro businesses anymore given everything, but at least with this tool we know what we're meant to do! P.S. I do know selling soaps into Europe has been an issue since Brexit, the example of soaps as cupcakes was the first example that came to mind, I appreciate it wasn't the most useful. A knitted cupcake would have been better. To be clear, any product that imitates food will probably be classed as dangerous.

[@falcieridesigns]

Thanks for this. I read somewhere someone saying that the GPSR replaced the GPSD which had been in place for the last 8 years and I don't remember hearing anything about that either so I think a lot of goods have been traded with none of the information they required back then either. I guess it wasn't enforced as much. I was also watching another video where a chap who sells all sorts of things including second hand had some that had those EU partners included on the packaging and when he checked the information the labels were fake. It's going to take them a while to navigate all this.

[@NicolaSmithOnline]

@@falcieridesigns Hi the trouble is old regulations didn't relate to anything sold online, because when they were written, basically it wasn't a thing. These new regulations are specifically to tighten up the way the world works now. Fake representatives and scams are bound to follow this - we need to do our own due diligence and be vigilant.

[@karenthomas6644]

Thank you so much Miss Wonderful ❤ Shared with Conscious Crafties. You always manage to simplify the incredibly complex 🤓 xoxoxo

[@NicolaSmithOnline]

Ah thank you Karen, I hope it helps. ❤️

[@karenthomas6644]

@ 🥰😘😘😘

[@nbultman_art]

This is a glimmer of hope for us artists for sure. 🎉🎉 thank you for sharing this!

[@NicolaSmithOnline]

I hope it helps

[@falcieridesigns]

This is all pretty confusing. I was reading on the Shopify community boards that if you were already selling your products before 13th December, it doesn't apply to you, and that if you make things that require lots of component parts and you put them together yourself (ie handmade jewellery) that you are the manufacturer and you don't need to get information for every single part you use. It seems like a lot of people who have already been selling, are just going to carry on as normal and see what happens. It's as chaotic as when the IOSS came into being and the ecommerce platforms seem just as in the dark as the rest of us. Finding a rep in the EU is non workable for small businesses.

[@NicolaSmithOnline]

Ultimately you need an EU representative if you’re not based in the EU, so all the elements you’ve mentioned are irrelevant if that’s not doable as it stands right now - which makes it a nightmare for SME and micro businesses. It will be interesting to see what there guidance for SME and micro businesses says when it is released .. it should be q4. It will be interesting to see how a business can prove a product was listed before the date… even that will require documentation and paperwork. Also the regs are clear this covers manufacturers, distributors, and importers… how the item is made is irrelevant, other than for the documentation required. The documentation will vary from product to product - the ultimate concern is that it’s safe, so I suspect you’ll need to keep records of every item you purchase, who it’s from and the onus is on you to ensure it’s safe and meets criteria and to ensure your EU representative has all of this information available. As it stands right now, it’s a minefield.

[@leonahussey]

Thanks for making this video. 😊

[@NicolaSmithOnline]

My pleasure. I hope It helps.

[@KCR_Ripley]

This has been useful for folks so thanks for making it as often people don’t under the importance of compliance and safety. Re: Antiques. The difference is between new art and antiques is the paints used. Antiques often will use lead paints or similar which can be toxic etc. so I imagine this is why they are protecting them from the new GPSR. Although I’d like to hope that original art work would be excluded I wouldn’t make sense in the current context of product safety. Re: Food like products. They have been under scrutiny for a while, under the previous 2005 safety regulations. Re: Transition period. This has been and gone already, the end of the period is 13th December as it began transition last year. Etsy, eBay and Amazon have all waved their hands and pushed onto sellers. However, all that said, I am in hopes that SME assistance will come. I’ve been pushing government and business enterprises for more information, and have linked your video in my own community summary as I think folks will find this video super useful ✌️

[@NicolaSmithOnline]

Thank you @KCR_Ripley You're right, the transition period does end on 13th December... I got carried away with trying to give Etsy a valid reason for being so late. I'll add a note to my description. I really hope for the SME assistance too.

[@BentleyHouseMinis]

Thank you for your video. I just learned of this new regulation not too long ago and I am now looking for all the information I can get. I am in the US so I will be very sad to tell my EU customers its no longer possible to ship to their country. I would be happy to work on gathering all the safety information they require if they would only allow of the contact to be outside of the EU. There are so many avenues of communication these days that are basically free. Why can't there be an email or Whatsapp account set up so they could still impose the safety information requirement but allow out-of-the-country business owners to reply on their own when necessary? That seems the simple solution to me.

[@NicolaSmithOnline]

If we made the rules, I'm sure it would all be much easier.

[@juliefountain3903]

Thanks for this walkthrough, really helpful. As so many if us appear to have only heard of this regulation in the last few days, I'm wondering how we will know if/when any changes are made?

[@NicolaSmithOnline]

Thank you! You’re right, GPSR seems to have taken many by surprise. Sadly there isn’t a single, easy way to stay updated, especially since each country has its own regulations. Checking official government websites like gov.uk (for the UK) or equivalent sites in your country, as well as trusted business news sources, is a good starting point. I’ll always share any key changes I know about, so feel free to subscribe or check back in.

[@juliefountain3903]

Thanks for replying. I’ve subscribed!

[@One_in_hundred]

I'm so confused by all this, would this affect me as an artist? I sell things like prints, pins, stickers, keyrings and posters? I want to sell t shirts but maybe not now.

[@NicolaSmithOnline]

Yes, this will affect you if you sell to the EU and you’re not EU based.

[@iainsarjeant7936]

Many thanks for this - a very worrying time for many small businesses like mine. Can I possibly ask what your thoughts are on pre-orders. I run a very small publishing press for limited edition softback photography books. A standard way of raising funds for me is to take pre-orders for a title before it is released. I wondered, if the order has been taken before the 13th December, do you think it would be okay to then send out the book to the customer after the 13th December, when the book is ready? I would have plenty documentation that the sale was made well before the 13th. Would appreciate any thoughts you might have on this specifically. Many thanks, Iain

[@NicolaSmithOnline]

Hi Iain, it’s risky. My thoughts don’t really come to a final conclusion, but I’ll share anyway. Article 51 of the regs says ‘Transitional provision Member States shall not impede the making available on the market of products covered by Directive 2001/95/EC which are in conformity with that Directive and which were placed on the market before 13 December 2024.’ But, and this would be my concern, you won’t have details of an EU representative with your book, so how would the authorities access it - they expect to use an EU based person, that you don’t have. Saying that is a book a dangerous product? No, but that doesn’t mean it won’t get picked up somewhere. Minimum risk is that your books get back to you, and its costs you delivery and refunds. Worst case scenario they fine you - in my experience at this stage this is unlikely but it is a possibility. Reality is, even if you do take the risk this time, you couldn’t in the future, so you will still need to either arrange an EU representative, or find a new market to sell to. My instinct is to start as you mean to go on… I’d be interested to see a link to your shop, photography books sound interesting.

[@iainsarjeant7936]

@@NicolaSmithOnline Hi Nicola - many thanks for taking the time to reply, and yes, I agree it would be risky to go ahead and release the pre-order books with no EU representative. I had hoped they might be covered under the bit that says about goods sold before the 13th but without further clarity on that it would be a risk. I've been looking into the costs of getting EU representation and whether it makes financial sense for me... but I think as I have 3 book titles which have already been launched for pre-orders but not printed & sent to customers yet the cost of complying is probably cheaper than the cost of refunding EU customers who have already ordered. As the books haven't been printed yet I would be able to add GPSR details on the imprint page once I have an EU rep before sending these books out. What a hassle though... a big proportion of the profits from selling in Europe will go to a representative just for the privilege of selling there! I feel I have to comply for the next 12 months because of the pre-orders, but will need to assess whether it makes financial sense when I come to renew in 12 months, and I will try to make sure I have no pre-orders outstanding at that stage so that I can make a clear choice whether to sell in Europe or not. I remain hopeful however that sense might prevail and the regulations might be amended, particularly for products like books which really have very little safety concerns. My publishing press is Another Place Press - www.anotherplacepress.com - if you fancy a look! It's labour of love, and I've had the privilege of working with and publishing some wonderful photographers from around the world over the last 10 years. It's sad the impact that Brexit has had on this marginal venture... not just the obvious difficulties of sending to Europe (customs tax, returned & lost orders etc) but the huge rise in paper & print prices since we left too, a cost which it's not possible to completely pass onto customers. But I love what I do and will do everything I can to continue! :) Thanks again for taking the time to look into all this for us, and helping us to understand what is a complete mess of a situation which unfortunately disproportionately affects the little people... very much appreciated, Iain

[@stephenhardwick4101]

I voted to leave the EU, so I did not have to live by their stupid rules, so basically, if their market is so good, best they keep it. I will not sell there anymore.

[@AmbientAsc]

I just want to check if you sell only to the UK from the UK you don't need gpsr? Is that right ? Is it only of you want to sell to other European countries?

[@_HanaPanda]

Because of brexit we are no longer part of the EU (Or though we do still government under some European laws) if you are based in the UK and only selling within the UK you shouldn't need an eu rep. It's only if you start selling to the eu that you will need to find a representative for your products. (I'm also based in the uk, and I haven't even started my buisness yet, and im having to try and figure all this out as I wanted to sell to the eu but I think I'll have to sell only within the UK to start with) 😅

[@NicolaSmithOnline]

Yes and no… you do not need an EU rep to sell to England, Scotland or Wales. However Northern Ireland is an EU state as well as part of the UK. So currently, as it stands, you need an EU rep to sell to Northern Ireland…. I’m hoping that the Windsor Agreement will mean that isn’t needed in the future but that isn’t clear yet.

[@deandavies1462]

Thanks for the video, its good to hear a normal prespective on this issue. I have been trying to build a business selling my own designed product I make in my own workshop, its a range of 3D printed tools for woodworking. Currently I do have customers worldwide, well will until the 13th of December. I am currently messaging previous European buyers to my etsy store to get orders in if they wish to buy before I go dark to the EU. Its sad we could not still be part of the EU and not have these issues with red tape. I fully agee and wish to uphold any safty concerns and guidelines, but having to certify each of my products would become cost prohibative for a micro business like myself.

[@NicolaSmithOnline]

I’m sorry it’s having this impact on your business, but also respect your decision.

[@mazzytechna6490]

My main worry is digial art commissions, Service or product? will that end up counting I have no idea

[@NicolaSmithOnline]

I’m reading through the whole regs carefully. So far, the only specific reference I’ve seen to digital items are where it’s part of a physical product. So for example a kit, which has video lessons online. Obviously the safety aspects of a digital product are very different. There were references to mental health risk.

[@historex54tamiya]

I have just become EU compliant and cost was £165. I hand sculpt and sell military figure castings worldwide and wanted to retain my EU market. I do not use EBay or Amazon but sell through my website. Getting the certificate was simple and as my products are the same 1 certificate covers my range and enables me on platforms if I wish. If £165 is viable and you can cover your hand made products under one generalised product it is worth it.

[@sannrobbins9572]

Hi. where did you do this? I would love to know thank you

[@NicolaSmithOnline]

This is about the requirement to have an EU based representative to sell into the EU, if you are based outside of the EU. A certificate does not replace that requirement at all.

[@historex54tamiya]

@@NicolaSmithOnline As replies are bing deleted I see no point, other than do some research!

[@historex54tamiya]

@@NicolaSmithOnline The certificate is issued by your EU based representative and it is that which you are required to show on platforms, website and packaging!

[@ArtByEmilyHare]

Hi there, how do you become EU compliant? Through Govuk?

[@excalibur8742]

What about KZbin or the entire internet? You can introduce harmful thoughts, dangerous things, racism, or the perfect murder plan, or harmful religions' thoughts into the EU. Shouldn't every KZbin broadcaster have a moderator? Aren't thoughts more dangerous than things?

[@ballsoniron]

nooo💔💔💔💔💔💔💔💔 😭😭😭😭😭😭😭😭😭😭

[@NicolaSmithOnline]

It’s sad times, but product safety isn’t a bad thing.

[@blueladycouture]

Ahhh grey areas.... so I make theatrical supplies now right?? 😉 Seriously, though, my EU trade bottomed out after the import duties started being applied so for the few orders I get from Germany mostly it's not going to be worth the headache. Just sorry that those customers are loyal, repeat customers. Very sad day.

[@NicolaSmithOnline]

It’s a very sad day. I still hold on in hope that EU consumers will still want to buy from small businesses outside of the EU…. And so something will have to adapt… maybe?

[@NicolaSmithOnline]

Oh and technically you do!!!??

[@excalibur8742]

This is just a make-up version of the classic import restriction policies, it won't work.

[@gitser2003]

One word " Brexit "