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GPSR and Second-Hand or Used Items

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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Used items are in scope

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.

Products sold to be repaired before use

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, works of art and collectors' items

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.

Products already on the market before 13 December 2024

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.

Common questions

Does GPSR apply to second-hand goods?

Yes. Article 2(3) says the regulation applies to products whether new, used, repaired or reconditioned.

Are antiques and vintage items covered?

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.

What about items sold as needing repair?

The regulation does not apply to products to be repaired or reconditioned before use where they are clearly marked as such.

What about stock I listed before 13 December 2024?

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.

Do I need an EU Responsible Person for used goods?

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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Instilus organises the documents you already have into a GPSR evidence pack. Take the free eligibility check.

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One email with the checklist, the label generator, the templates and the example pack. No account, and nothing else is sent unless you ask.

Sources

General information, not legal advice. Platform screens and guidance change, so check the source pages above. Instilus is not a Responsible Person and is not affiliated with any marketplace named here.