Author Topic: Selling your projects in the EU  (Read 332 times)

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Offline Solberg

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Selling your projects in the EU
« on: June 21, 2021, 05:22:29 pm »
Hi

I'm thinking about selling some of my projects, but I'm unsure about the legality of it.

I want to sell my projects as a private individual, as a hobby. I don't want to start a company. Is that legal in the EU? anyone know?

Do I need CE-marking on my hobby projects to sell them? I don't think Dave's uCurrent has a CE-marking?

Do any of you have any experience in selling, hobby projects in the EU, as an individual?

If it matters I live in Denmark.
 

Offline SiliconWizard

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Re: Selling your projects in the EU
« Reply #1 on: June 21, 2021, 06:22:22 pm »
I want to sell my projects as a private individual, as a hobby. I don't want to start a company. Is that legal in the EU? anyone know?

This particular point is not covered by any EU regulation AFAIK. It's your local regulations you have to look at.
In general, selling stuff as an individual without a company is tolerated in most european countries AFAIK as long as the amount you make per year is not a "significant" part of your total income. I suggest learning more about danish law though on this particular topic.

Do I need CE-marking on my hobby projects to sell them?

This one is a bit tricky. For a very basic introduction: https://cemarking.net/do-your-products-need-ce-marking/

When selling electronic devices, it seems pretty hard to avoid at least complying with the EMC Directive, and probably RoHS as a minimum set. If the device connects to mains, the Low Voltage Directive will be required as well, but you may circumvent it if your device is strictly powered with a very low DC voltage and the burden of the LVD is put on the shoulder's of a third-party mains adapter (which is itself compliant.) If your device contains some radio link, you may also need to comply with the RED directive.

In any case, you can read the directives, they are all free to download. For instance, the EMC one: https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32014L0030
Take a look at the "Scope" and "Definitions" sections.

To keep the EMC directive example, one major point to consider is the following:

* Scope: "1. This  Directive  shall  apply  to  equipment as  defined  in Article  3."

* Definitions: "(1)  ‘equipment’  means  any  apparatus  or  fixed  installation;"

"(2)  ‘apparatus’  means  any  finished  appliance  or  combination
thereof made available on the market as a single functional
unit,  intended  for  the  end-user  and  liable  to  generate  elec­
tromagnetic  disturbance,  or  the  performance  of  which  is
liable  to  be  affected  by  such  disturbance; "

"(3)  ‘fixed  installation’  means  a  particular  combination  of
several  types  of  apparatus  and,  where  applicable,  other
devices,  which  are  assembled,  installed  and  intended  to
be  used  permanently  at  a  predefined  location;"

From these definitions, whether your products are within scope all depends on what they are exactly. For instance, a development board would usually NOT qualify as an "equipment". For a fully assembled device, that is a lot more tricky. The main issue I see there is that I haven't seen a clear definition of the term "end-user" that is used throughout the directives... I guess you can assume it means the last customer that will use the product in the supply chain.

Do any of you have any experience in selling, hobby projects in the EU, as an individual?

As an individual without a company, nope. But I have sold second-hand stuff before as an individual, probably as most of us have. I would expect it to be basically the same - as long as it doesn't qualify as your main "job" or source of income...

If it matters I live in Denmark.

As I said, regarding selling stuff without a company, it certainly matters. But regarding the CE mark, it doesn't. The CE mark is required (when it applies) for selling products in the EU. The country of origin doesn't matter. *Making* products inside or outside of the EU has no impact on the CE mark requirements. It's just about where you are going to sell them.
« Last Edit: June 21, 2021, 06:26:49 pm by SiliconWizard »
 
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Offline Solberg

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Re: Selling your projects in the EU
« Reply #2 on: June 21, 2021, 06:57:37 pm »
Thank you SiliconWizard for the long reply.

The danish law states that you don't have to be VAT registered before you sell for more than 50.000 kr./year. So i know i don't have to charge VAT.
but the  law says very little when it comes to individuals, we are not used to individuals making and selling stuff, like electronics. only handcrafted items and such.

Quote
"(2)  ‘apparatus’  means  any  finished  appliance  or  combination
thereof made available on the market as a single functional
unit,  intended  for  the  end-user  and  liable  to  generate  elec­
tromagnetic  disturbance,  or  the  performance  of  which  is
liable  to  be  affected  by  such  disturbance; "

I guess then i have to make my projects use e.g. an oscilloscope or multimeter as an output unit, so it's not a complete unit i sell?
I guess that's the loop hole Dave has used with the uCurrent?

Quote
As an individual without a company, nope. But I have sold second-hand stuff before as an individual, probably as most of us have. I would expect it to be basically the same - as long as it doesn't qualify as your main "job" or source of income...

I only know I have to pay tax, of the items i sell because i have bought the items with the intent to sell.
 

Online TheDane

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Re: Selling your projects in the EU
« Reply #3 on: June 23, 2021, 04:00:49 pm »
I have not done this myself, but here is what I have heard (some years ago, this can have changed - so don't take it as legal advise):

Selling a finished product requires CE certification, if sold from DK to DK/EU.
Selling a kit, do-it-yourself project, components that are used in larger projects (ie, not ready-to-use out of the box) does not require CE certifications.

Held og lykke med hvad end det nu er du er i gang med :ø)
 
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Offline Solberg

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Re: Selling your projects in the EU
« Reply #4 on: June 23, 2021, 04:14:44 pm »
I have not done this myself, but here is what I have heard (some years ago, this can have changed - so don't take it as legal advise):

Selling a finished product requires CE certification, if sold from DK to DK/EU.
Selling a kit, do-it-yourself project, components that are used in larger projects (ie, not ready-to-use out of the box) does not require CE certifications.

Held og lykke med hvad end det nu er du er i gang med :ø)

That is also what i have found. that the loop hole is making kits, and sub systems.

Tak skal du ha' :)
 


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