Max @MaxPringJewellery ,I might need your help on how to do bulk editing !!
Hooray, it says in today’s blog post that a solution will be coming soon
Sorry, can I just check: is this going to affect ALL the EU countries? I exclude Austria, France, Germany, Luxembourg, Spain, Portugal and Lithuania at the moment (and NI will be next on the list to exclude), but does this mean I won’t be able to send to any EU country (Eire for example, Cyprus, Italy, etc etc)?
Afraid so, yes
Oh dear god…
Honestly I’d be surprised if ANY sellers here on Folksy would be able to continue sending to the EU - they’d have to be sure of getting enough sales throughout the year to warrant paying so that they can continue to send to, say NI. Which makes we wonder why Folksy aren’t just removing EU postage options altogether, and leaving options just for non-EU exc NI, US and Australia. Get rid of ‘ROW’ entirely. Oh I’m so miserable and frustrated
This is what ChatGPT told me, and from what I’ve been reading, its pretty accurate. So I can safely say, NI & EU will need to be an option I can switch on and off (I intend to sell digital products, which don’t faĺl under this new legislation *I think.). Hope it helps.
Under the new EU General Product Safety Regulation (GPSR), if you are a UK-based seller selling handmade items to the EU, you will likely need an EU representative. However, if you sell exclusively within the UK, this requirement does not apply because the EU’s GPSR only governs products sold in the EU market.
When Do You Need an EU Representative?
- Selling into the EU:
If you sell handmade goods directly to customers in the EU (via your website, online marketplaces, or other channels), you must have an EU-based representative to:
Act as your legal point of contact for EU authorities.
Ensure compliance with EU product safety rules.
Maintain technical documentation for your products.
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Type of Products:
This is particularly important if your handmade items fall under regulated categories like toys, electronics, or cosmetics, as they have additional safety and certification requirements. -
Post-Brexit Regulations:
Since Brexit, UK sellers are considered non-EU entities, making the appointment of an EU representative mandatory for compliance when selling to the EU.
Responsibilities of the EU Representative:
The representative’s name and address must be listed on the product, packaging, or accompanying documentation.
They will handle regulatory issues, safety assessments, and recalls on your behalf.
Exceptions:
If you sell only to UK customers, EU rules do not apply, and no EU representative is needed. Instead, you must comply with UK-specific safety standards under UK law, which may mirror EU rules in some areas.
How to Appoint an EU Representative:
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Find a Service Provider: Look for companies that offer EU representation services. Many specialize in helping small businesses with regulatory compliance.
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Contractual Agreement: Enter into a formal agreement outlining their responsibilities on your behalf.
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Cost Considerations: Fees for EU representation services vary but are often a recurring annual cost.
The cost of an EU rep is between £750 to £1750 per annum.
You only need one for the whole of Europe. That cost would have to be factored into prices and if on,y sold a couple of items, not worth it,
Exactly, it’s a big cost to add to a small business. And espeically for me, who is only just starting up However, I also read that private sellers on Ebay don’t need to adhere to these rules, so I will be digging into that to see why that is the case, if at all the info is correct.
Private sellers on eBay is fine but we are not private sellers on here.
Yeah I know, I’m just thinking of solutions that can keep things moving in the right direction while the dust settles and the impact is felt and assessed.
Useful summary via ChatGP, but can I some more context as the sentance about documentation being especially important for some types of products is a bit misleading.
GPSR specifically covers general products that aren’t already covered by their own specific regulations or directives, and we shouldn’t confuse them.
Things like toys, cosmetics, children’s nightwear , furniture and furnishings etc are actually covered by other regulations or directives that are at a higher level, and UK makers should already be testing and doing very specific documentation for them, even if we only sell within the UK.
For example toys are covered by the Toy Safety Regulations, and require a number of defined tests (EN71 chemical, fire and physical strength) and a legal document called a declaration of conformance, before affixing the required safety mark. The tests, documents and safety marks are slightly different (UKCA for the UK market, and CE for Europe) but they are both under Toy Safety Regulations /Directives, not GPSR.
What the EU GPSR is going to do, is extend more testing and similar documentation to a wider range of products. They may not all be as rigorous as some of the specific regulations, but they are all equally important.
On a side note, there already is a UK version of GPSR - which UK makers should read and apply to their general makes if they aren’t already.
Honestly, the best way to move forward is to fully comply with the UK GDPR first, and wait for solutions to the EU version to be sorted through secondary legislation and official groups, rather than look for exemptions that may get you into hot water. I’ve been through this pain when I first found out about toy safety regs, half exploring things like “decorations” or “over 14” in my panic, when clearly my particular makes are toys for kids.
I think many of us already weren’t selling to the EU because of their PPWR (Packaging and Packaging Waste Regulation) legislation, which is equally (if not more) impossible for small businesses to comply with, due to their need for a named representative in every member state. So the EU is like a doubly nailed shut coffin now. It’s just a shame NI is included in this one.
Oh, I’m not aware of that one. I’ve never sold to EU so it’s not come across my rader. I’ll look it up, just in case it has future implications within the UK.
@TheOldButton There are a couple of threads on here about it already. Here’s one: Selling to Europe
There are a lot of sellers online and some on this platform that sell products as toys that do not comply to any UK regulations at all (obviously I know this does NOT include yourself Sharon).
I don’t think many sellers on Folksy will be keeping EU or NI postage options. I think for many of us the possible £1500 cost of a representative is most of our annual profit.
I know a couple who have a post office box that delivers to a UK box company, but they pay a small fee for that. I doubt that it is legal but they say the rules are ridiculous. They also say that many EU small businesses refuse to send to them because they are not part of the EU so either way they are in limbo Their words not mine
Thank you
It was an interesting read, and I’ve dug a bit more into it for Germany as an example as Folksy already has the ability to upload the LUCID. I don’t think the cost of the packaging licence would be enormous for me as I only use recycled and recyclable materials (a thread over on an Et*y forum said they paid £8.50 for Germany for a similar set up), and it’s a pretty easy thing to set up. But of course, Germany is not the only country to do this - some others are very pricey and more complex with language barriers (Greece and Poland in particular!!)
In the end, I think the UK will look at updating it’s equivalent safety regs and things like this packaging. We do have a recycling licence scheme for very big turnovers, but that doesn’t apply to small businesses from abroad who may see us an easy target for their (possibly unsafe and eco unfriendly) products. I notice that chlorinated chicken is back on the radar as part of the trade talks with US.
On that final point, for anyone selling to the US - what safety (and other) regs do you need to comply with? Are they different for each state?
We’ve just posted our guidance here - GPSR - What you need to know as an artist or maker on Folksy | Folksy Blog
We’ve also started a new thread for your GPSR questions. Please ask them there or on the blog post itself so we don’t miss them - GPSR - What we know and what we're doing to support you