Selling used, vintage or refurbished products to EU buyers? The regulation covers second-hand goods, with a few specific carve-outs. Here is what its text actually says.
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Article 2(3) says the regulation applies to products placed or made available on the market "whether new, used, repaired or reconditioned". A recital adds that it applies to second-hand, repaired, reconditioned or recycled products that re-enter the supply chain in the course of a commercial activity.
So selling used goods as a business does not put you outside the regulation.
Article 2(3) also says the regulation does not apply to products to be repaired or reconditioned before being used, where they are placed or made available on the market and are clearly marked as such.
The condition is the marking. A listing that is honest about the item needing repair before use is treated differently from one that simply sells a working product.
The carve-out depends on the product being clearly marked as needing repair or reconditioning before use.
Antiques are excluded from the scope of the regulation (Article 2(2)). The recitals explain the thinking: works of art are created solely for artistic purposes, collectors' items are rare enough and of enough historical or scientific interest to justify collection, and antiques that are neither are of an extraordinary age.
Items presented as collectible items of historical significance are among those a consumer cannot reasonably expect to meet current safety standards.
Article 51, the transitional provision, says Member States must not impede the making available on the market of products covered by the old General Product Safety Directive (2001/95/EC) that comply with that Directive and were placed on the market before 13 December 2024.
eBay's seller guidance reflects this: it says used items are generally in scope, but that under its understanding of Article 51 you may not need to add GPSR information for products placed on the EU or Northern Ireland market before that date which are covered by and comply with the old Directive. It suggests keeping clear records of when products were first placed on the market, and says you can add the information anyway to be safe.
Whether a specific item qualifies depends on when it was first placed on the market, which is why records matter.
Yes. Article 2(3) says the regulation applies to products whether new, used, repaired or reconditioned.
Antiques are excluded from the scope of the regulation. The recitals describe works of art, collectors' items of sufficient rarity and historical or scientific interest, and antiques of an extraordinary age.
The regulation does not apply to products to be repaired or reconditioned before use where they are clearly marked as such.
Article 51 protects products covered by and complying with the old General Product Safety Directive that were placed on the market before 13 December 2024. Keep records of when items were first placed on the market.
Where a product is in scope and placed on the EU market, Article 16 requires an economic operator established in the EU to be responsible for it. Whether that applies to a given sale depends on the product and your role.
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