Saw this mentioned on Etsy, so posting here for anyone who hasn’t yet seen it / heard of it.
The EU is in the final stages of implementing a new packaging regulation. It may not be finalised as it is still open to challenges, but if it goes ahead in its proposed form it will make sending items to EU countries more challenging.
Under Article 40 of the new regulation producers of packaging into the marketplace (that’s Folksy sellers sending goods to customers in an EU country) must appoint a representative in each member state they send to.
Online selling platforms (Folksy) must collect the packaging registration number of the seller for each country that a seller sends goods to.
The online selling platform (Folksy) must also provide means for the seller to self-certify to the platform that they will only use packaging which complies with the packaging laws of the country they are sending to.
2.A producer shall appoint, by written mandate, an appointed representative for the extended producer responsibility in each Member State other than the Member State where it is established where it makes packaging available for the first time.
3.Providers of online platforms, falling within the scope of Section 4 of Chapter 3 of Regulation (EU) 2022/2065, allowing consumers to conclude distance contracts with producers shall obtain the following information from producers offering packaging to consumers located in the Union:
(a)information on the registration of the producers referred to in Article 39 in the Member State where the consumer is located and the registration number(s) of the producer in that register;
(b)a self-certification by the producer committing to only offer packaging with regard to which the extended producer responsibility requirements referred to in paragraphs 1 and 2 of this article are complied with in the Member State where the consumer is located.
Currently, although sellers are required to pay a registration fee for sending goods in packaging to countries such as France and Germany, there are very few countries where sellers have to appoint a resident legal representative as well - Greece being one.
It seems as though objections are being raised and it is hoped to push through an exemption for small businesses. But If this change goes ahead as it currently stands then every small business located outside the EU which sends goods into the EU will need to appoint a representative in each country they send to in addition to registering and paying for the relevant licence in each of those countries.
I don’t sell outside the UK either. Ironically I thought I would wait a year or so from when the laws first came into effect before sending abroad, hoping that any awkward things had been ironed out by then.
However, as you say, it seems things are about to get more difficult, not easier!
It almost means that the only way to send goods to the EU would be through someone like Amazon. Ie send the goods to them to package and forward on. However, this is going to cost so much money just pleased only sell within the UK and USA. May add Oceania as no problems to them.
Something like using Fulfilled by Amazon? That may work, but if sellers on Amazon Handmade are considered independent, much like sellers are on Folksy or Etsy, then it’s the same position.
Ridiculously these rules apply to sellers within the EU as well as those outside. Given the EU (as the EEC) was set up as a free trade area, if the obligation to appoint a legal representative in each country where you sell goes ahead, I can’t see this as being anything other than an obstacle to free trade for all small businesses within the EU.
There is a super helpful post by a seller over on the forums on Etsy that summarises all the current packaging laws by EU territory.
I don’t know if I dare post a link to it here as my ‘helpful’ to Folksy sellers links have been complained about by some Folksy sellers and deleted in the past. If you go to the forums and do a search for “Where to Ship and Not to Ship in Europe”, you will find it.
Currently each country can set its own requirements, my understanding is the proposed change would bring uniformity across the whole of the EU. Unfortunately they don’t appear to be going down the single central registry and single fee route.
Some European countries had implemented the registration process last year and I immediately stopped selling to that country, Germany was one and I can’t remember the other.
I now no longer offer my products to EU countries, its not as though they are my customers anyway as in over 15 years of selling knitted and crocheted goods, shawls for the past 10 years and before that it was hats, scarves, gloves, tea cosies etc, i can honestly say that i can count my European customers on one hand so it makes no odds to me to cut them out of the equation if they chose to take themselves out of the worldwide marketplace by implementing this ridiculousness.
A number of EU countries require packaging licences before you send goods into the country, the Authorised Representative is an additional and separate requirement for the following countries:
Austria
Greece
Portugal
Slovakia
Slovenia
Spain
The draft EU law will make one mandatory for every country within the EU.
