GPSR: What about second-hand sellers?

The General Product Safety Regulation (GPSR) imposes obligations on all economic operators, including manufacturers, importers and distributors. One crucial aspect of the GPSR is its application to all non-food consumer products placed on the market, whether they are new, second-hand, repaired, or refurbished.

Small business owners selling second-hand goods are concerned about the documentation requirements under the GPSR.

Second-hand sales

Small business owners selling second-hand goods are concerned about the documentation requirements under the GPSR. The regulation mandates that products must have clear identification, such as a type, batch, or serial number, and that the manufacturer's contact details— or those of the importer or authorized representative if the manufacturer is outside the EU— must appear on the product or its packaging. Additionally, products must be accompanied by clear instructions and safety information.

For second-hand products, meeting these requirements can be challenging, especially when the original documentation is missing. However, the GPSR does not explicitly exempt second-hand goods, meaning that second-hand sellers must also provide the required documentation and product information. The European Commission has not provided a transition period, increasing the pressure on small business owners to comply with the new rules in a timely manner.

To comply with the GPSR, businesses must:

• Trace products: Maintain information about the origin and destination of products to ensure traceability.

• Keep technical documentation: Be able to provide information about the product and its safety assessment for up to ten years after placing it on the market.

• Provide safety information: Ensure products include clear instructions and safety information.

Tips for documentation of second-hand products

Second-hand market entrepreneurs often face challenges in accessing proper documentation. Here are some steps you can consider to overcome this issue:

1. Contact the original manufacturer: Request documentation, such as manuals and technical specifications. Some manufacturers offer these for free or for a fee.

2. Collaborate with suppliers or importers: Suppliers of refurbished or revised products often have access to original documentation. Work with them to meet the requirements.

3. Utilize available resources: Search for official manuals and technical specifications online, often available on the manufacturer’s website.

4. Focus on risk assessment: Develop a safety analysis based on the product's characteristics and indicate the necessary precautions customers should take.

5. Partner with industry organizations: Join organizations representing your sector’s interests for advice and practical support.

Conclusion

Failure to comply with the GPSR may result in penalties or the prohibition of selling non-compliant products. It is therefore essential for businesses selling second-hand goods to be aware of these obligations and take the necessary steps to comply with the new regulations.

While the new requirements may seem stringent, they do not have to be an insurmountable obstacle. By utilizing our ready-to-use Compliance Checklists, entrepreneurs in the second-hand market can adapt relatively easily to the new regulations and ensure safe products for their customers.