How to comply with the new General Product Safety Regulation (GPSR)

The GPSR doesn’t apply to the UK, but it does apply to Northern Ireland. Sellers listing on ebay.co.uk can still include details about the manufacturer and EU Responsible Person, as well as product safety and compliance information.

You’ll have to display any applicable instructions, warnings for safe use and disposal, and safety information for the product you’re selling. This information must be presented in the local language of the country where your item is being sold. You can include an image (a pictogram, a symbol, or a label), a statement (safety warnings or chemical hazard warnings), a product manual, or any other document that contains this information. The supported file formats are .pdf, .jpg, and .png.

This information can be found on the product, on its packaging, or in any accompanying documents. You can also reach out to the product manufacturer if you don’t have this information.

You can look up their contact information on the manufacturer's official website or a website authorised by the manufacturer. Alternatively, you can try reaching out to the product distributor. 

The following products and categories are excluded from the General Product Safety Regulation:

• Medicinal products
• Food and feed products
• Living animals and plants
• Genetically modified organisms and microorganisms
• Animal by-products
• Plant protection products, also referred to as pesticides 
• Plant and animal products related to their reproduction
• Antiques
• Certain types of aircraft
• Travel equipment operated by a service provider to transport consumers
• Products that need to be repaired, reconditioned, or recycled prior to being used and are clearly marked as such

To view the entire list, download our Excluded Categories on eBay document. You can also learn more by viewing Article 2 of the GPSR.

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

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

The EU or NI-based Responsible Person is in charge of specific tasks related to compliance and product safety, including:

• Checking that the EU declaration of conformity, CE marking, and other technical documentations are in order, and providing them to the market surveillance authorities to demonstrate the conformity of the product
• Informing the market surveillance authorities about dangerous products and accidents through the EU Safety Business Gateway
• Cooperating with the market surveillance authorities and ensuring the necessary actions are taken to rectify any non-compliance issues
• Providing documented evidence of the checks that were performed, if requested by the authorities

The Responsible Person can be one of the following and must be located in the EU or NI:

• The manufacturer 
• An importer, if the manufacturer is not established in the EU or Northern Ireland 
• An authorised representative of the manufacturer
• A  fulfilment service provider if the manufacturer, importer, and authorised representative aren’t based in the EU or NI

If you’re a seller, you can contact the manufacturer or your upstream supplier to obtain the name and contact details of the EU or NI-based Responsible Person.

If you’re a manufacturer or a brand owner that’s based outside the EU or NI and have a subsidiary in the EU or NI, or already have an EU or NI importer, it may be possible to appoint them as the Responsible Person for your products. You can also check with the testing laboratory or the certification company that you use, as they may assist you with assigning a Responsible Person.

We’ve partnered with the following third-parties providers who offer GPSR compliance services for sellers, including the appointment of an EU-based Responsible Person:

• Webinterpret
• Cert-Rep
• Obelis 
• Eucerep at ebay_support@eucerep.com

Please note that this referral is intended to assist you in finding someone who may be able to help you comply with EU product safety laws. It’s important for you to confirm that these services are right for you. Additionally, eBay is independent from these providers and won’t be responsible for the quality of their work.

There’s no specific GPSR exemption for situations where the product’s manufacturer no longer exists. However, Article 51 of the GPSR states that EU nations shouldn’t ‘impede’ the sale of any product that was first supplied for distribution, consumption, or use on the EU market before 13 December 2024, provided that product is covered by and complies with the General Product Safety Directive (2001/95/EG). Like many new laws, the GPSR is subject to varying interpretations. To our understanding, Article 51 can mean that you don’t need to add the additional information required by the GPSR to listings for consumer products sold in the EU or Northern Ireland before 13 December 2024, and that are covered by and fully comply with the General Product Safety Directive.
 
For example, if you're selling an item that complies with the Directive and was placed on the EU or Northern Ireland market before 13 December 2024, and the manufacturer is out of business, you won’t need to provide GPSR-related information in the listing (for example, manufacturer information).

If you're unsure whether your products were placed on the EU or Northern Ireland market prior to this date, you could consider reviewing the Blue Guide on EU Product Rules. Maintaining clear and accurate records of when your products were first put on the EU / Northern Ireland market will help you determine which items are subject to the new requirements.

Even if the GPSR doesn’t apply, you may still have informational obligations under other regulations. To be on the safe side, you can add GPSR-related information to any listing if you believe it’s necessary, including listings published before 13 December 2024.

In general, used items are in scope of the GPSR. However, Article 51 of the GPSR states that EU nations shouldn’t ‘impede’ the sale of any product that was first supplied for distribution, consumption, or use on the EU market before 13 December 2024, provided that product is covered by and complies with the General Product Safety Directive (2001/95/EG). As with many new laws, there are differing interpretations of the GPSR. To our understanding, Article 51 can mean that you don’t need, for example, to add the additional information required by the GPSR to listings for consumer products that were placed on the EU or Northern Ireland market before 13 December 2024, and that are covered by and fully comply with the General Product Safety Directive.

For example, if you’re selling a used item that complies with the directive and was placed on the EU or Northern Ireland market before 13 December 2024, you won’t need to provide GPSR-related information in the listing (for example, manufacturer information).

If you're unsure whether your products were placed on the EU or Northern Ireland market prior to this date, you could consider reviewing the Blue Guide on EU Product Rules. Maintaining clear and accurate records of when your products were first put on the EU or Northern Ireland market will help you determine which items are subject to the new requirements.

Even if the GPSR doesn’t apply, you may still have informational obligations under other regulations. To be on the safe side, you can add GPSR-related information to any listing if you believe it’s necessary, including listings published before 13 December 2024.

If you don’t comply with the GPSR, your listings may not be visible to buyers in the EU and Northern Ireland.