Tomorrow is a dark day for small businesses in the UK

[lostmybuttons]

I run a small business, mostly selling on Etsy. But as of tomorrow, Friday 13th December the introduction of the new GPSR legislation is creating such a huge headache for businesses like mine.

We can no longer sell to the EU or Northern Ireland, without paying for an appointed representative to ensure our products are safe. The cost for this is completely unachievable for most businesses like mine. Obviously, we all want our products to be as safe as possible but is it right that it'll cost me at least £2,000 a year to tell me my paper stationery is safe!!

Our only choice is to stop selling to the EU and Northern Ireland, which is a huge loss in income for those already struggling.

We feel like we are shouting into the void and absolutely no one is listening.

This is compounded by the fact that Etsy refuse to separate Northern Ireland in our shipping settings, so by default we are all breaking the legislation and risking fine of up to £20,000.

All Etsy have advised is to cancel any NI orders, which frankly is terrible customer service.

If there was ever a time to shop independent, your small business friends need you now.

NI is the UK.

The point is to try to protect EU customers from dodgy electrical adaptors sold by Chinese Amazon sellers. A noble goal, I would say.

As an aside, this is nothing to do with Brexit. Even if we were still in the EU, we would have to be jumping through all these hoops. The only difference is we wouldn't need an authorised representative, but labelling and testing of products would be so expensive it would see thousands and thousands of small businesses fold immediately.

Brexit has made it worse, as it always does.

Whether we were in the EU or not the safety standards themselves would apply. They have a clear benefit for consumers. There is a cost for suppliers/manufacturers. But that in fact would be very small for small businesses selling greetings cards for example. Labeling is hardly expensive, and is already required by existing legislation. Testing by third parties is not mandatory - in-house testing is fine under the Regulation. It's a box-ticking operation for something like greeting cards.

The real costs are caused by brexit. There are the delays, frictions and red tape and the border, which are already well-known. And now the complication of the need for a representative within the EU/single market is absolutely not a trivial expense for small businesses.

More important strategically the UK has lost all say in the regulations that govern trade on its own continent and with which its businesses have to comply. No seat at the table, no say in the Council of Ministers, in the Parliament or in the nitty-gritty of detailed policy-making in Commission. Pre-brexit we were one of the most respected contributors to the dull-but-important process of producing these technical regulations and we could help shape them in ways that favoured us. We are now rule takers, and if regulations cause business to relocate to within the single market no one within the EU will complain about that added bonus.

If we had remained in the EU, we would still jump hoops but pay 2k only.

If you had remained in the EU you would not need to pay the cost of a representative within the EU because you would be in the EU representing yourself!

This is correct about Northern Ireland. I work for a large company but all N.I goods have to carry the same sticker for the current GSPR regulations.

@justasking111

I flew out of Stansted for 15 years for holidays, and my holidays from Belfast are much much cheaper. My sil actually comes to us first sometimes then flies in to get holiday destination.

But this doesn't make sense. The regs don't apply to anything made before 13 Dec 2024.

I'm supposed to do what? Force time back and shoot all leave voters? Hog tie the prime minister and force him to sign back up? Sit here and bemoan the problems Brexit wrought which will change nothing.

Even if I could change things trade agreements take years and in the meantime we're still stuck in this mess. At some point we have to be pragmatic.

I'm not a wallower nor a superhuman. You don't like me just trying to get on with my life and business that's up to you. You are welcome to your opinion as I am to try and get on with my life in the best way I can.

I'm fully aware of that, I've been doing this for 25 years as a manufacturer and now a distributor.

I have not said it is ideal or even easy but I've been fielding posts about subjects on on prior and existing retail laws.

That's the problem no one says nothing they allow so called governments to get on with it. Rather than say you fed us a lie if you can't do it go back to Europe. Instead we plod along moaning about it. The biggest market is Europe and best of all they are our cousins and next door neighbours. We have gone back to the 70's being the sick man of Europe. It will never be better and it will take years before some bright spark in government puts us back in Europe and why will it take years because of pride.

Yes I know.

Plenty of people say lots of things about Brexit. As an individual small business I'm not empowered to do anything.

That there isn't a coherent collective voice in the UK for me proving our situation isn't my personal fault. It also suggests the big businesses who could do something are very aware of who their shareholders are.

Follow the money is a good watchword in all these matters

🤣🤣😂🤣 no iron dome just protection of our jurisdiction.

Yes, they do. They don't apply for anything offered for sale by you before 13th Dec, but secondhand / vintage items ARE included in the regs. Only antiques (over 100 years old) are exempt.
So - vintage dresses in my Etsy shop that I listed for sale there last week = OK. Vintage dresses in my Etsy shop that I list for sale there tomorrow = not OK.

As usual the regs are contradictory. Apparently they don't apply to antiques that are over 100 years old...

Do you have a link for that please? It directly contradicts what I've been reading.

https://www.gov.uk/government/publications/general-product-safety-regulations-northern-ireland/eu-regulation-2023988-on-general-product-safety-detailed-guidance

I mean, yeah, this is often true - however, I sell on Etsy and make baby clothes....I make them EXACTLY how my customers want them. They can choose the colour, the type of fabric, any personalisation - if your baby has chunky thighs I can add a little more material/elastic to accommodate it.

You don't get that buying from Next!

I read last night that if your product is already listed online then it's not included - even if it's purchased after the 13th, which doesn't make much sense to me, how will they possibly know?

I'm still gonna send to NI and ignore this - if I get items returned as a result I'll re-look at it. I've stopped listing in the EU though, it's a PITA selling there anyway and I don't get that many orders, most of mine are the UK and US.

I read this as the main difference being the representative?

But within the EU they have similar testing and labelling rules?

I can see people setting up a service and prices will drive down. Still annoying ik

I was replying to a post where you were saying (effectively and sorry if I've misunderstood because that would then explain why we're in disagreement!) small businesses never get to negotiate trade deals, and always have to comply with laws that come up from time to time when exporting, often that makes exporting not financially viable. I agree entirely with that

What is different about this is that what OP is doing isn't actually exporting. Global trade deals shouldn't have to come into play when you're not exporting! This isn't a 'normal' situation.

That said, I also agree we can't fix Brexit - the UK population voted twice and they wanted it. It's not like no one was explaining that this was the type of thing (including the issue Ireland /NI and not being able to have a hard border) that would happen if we left the EU. The population made their choice.

The labelling requirements apply for sales within the EU but I don't know where the idea that the certifications are required comes from. The labelling requirements are things like batch numbers, warning labels, age requirements and manufacturers details. Within the EU, standards are voluntary guidelines. Unless the product is specifically regulated, no one has to comply with them - it's just if you don't and the product isn't safe you're likely liable, and also it's a selling point (customers tend to like to buy products that comply with standards). OP is selling greeting cards!

When you import a product into the EU, one of the requirements is it meets EU standards. It's all more complicated than that, but broadly that's the jist.

All businesses or people with a stake in future trade deals can feed into the process in what is called a ‘CFI’ or ‘Call for Input’. These are accessible via the gov.uk site for all trade deals prior to their commencement. Anyone, and I mean anyone, can have a say in any future trade deal.

So while small businesses cannot negotiate directly (only authorised Civil Servants can), small businesses can add their views for consideration at the very least. Some get responses and asked for further discussion as they often highlight what hasn’t been thought of / something which may be impacted and not the way others thought etc.

People cannot continue to complain about Brexit and the future trade deals this country negotiates when they’ve had every opportunity to feed into the process.

But again, this is within the UK. OP knows now but it's hardly the sort of thing you can expect your average small etsy seller to be aware of. Also no one is listening to small voices on this sort of thing - OP needs to join a lobby group. I agree that technically could make a difference, if the lobby group is strong enough. That costs money of course - and the money to lobby is with the big players.

Etsy will lobby on behalf of its small sellers (but likely it's focus was itself!)

I get your point, and I agree we can't keep blaming Brexit (or that blaming Brexit doesn't help - Brexit is a done deal) but OP is right to be frustrated. It's a law change that's screwing her business. It's life, but that doesn't make it easier.