Certain electronics equipment, including equipment deemed unlawful by Ofcom in the UK and Commission for Communication Regulation in Ireland, is not permitted on eBay. Sellers of electrical and electronics equipment also have certain other obligations, for example, under the Waste Electrical and Electronic Equipment Regulations 2006.
The use and sale of radio transmitting equipment (which broadly means any product that uses radio waves allocated to radio communication other than TV or radio receivers) is regulated under European law (the Radio Equipment and Telecommunications Terminal Equipment (R&TTE) Directive, which applies in the UK and Ireland).
It is illegal to place radio transmitting equipment on the market in the EU which does not comply with the R&TTE Directive. Placing on the market (i.e. offering for sale) does not include second hand equipment, unless it is imported into the EU for the first time. Radio equipment which is correctly marked with the "CE" mark indicates compliance with the R&TTE Directive.
Radio transmitting equipment which does not comply with the R&TTE Directive may not be listed on eBay.
It is illegal to place on the market i.e. offer for sale, FM modulators or phone jammers and the sale of these items is not permitted on eBay.
FM modulators are devices which use the FM broadcast band to transmit radio signals to car radios. The FM broadcast band is allocated for the exclusive use of licensed broadcasters and FM modulators are not currently licensed to use the FM broadcast band.
Phone jammers (or blockers) are devices used to jam mobile phones (or any other radio signals). A mobile phone jammer is a transmitter and a licence is required to use one. The Office of Communications (Ofcom) advise that because the sole effect of jammers is to disrupt licensed radio services, they do not issue licenses allowing their use.
Cordless telephones (not to be confused with mobile telephones) may not be listed on eBay if they operate on frequencies below 853MHz. High power models in particular can cause serious interference to other radio services. The sale of these items is illegal and not permitted on eBay.
Videosenders may not be listed on eBay if they transmit in the frequency band 470-854MHz. The sale of these items is illegal.
CB radios may not be listed on eBay if they operate in the frequency band 26.1-28MHz and are not compliant with the R&TTE Directive or do not comply with specifications in force prior to R&TTE Directive. The sale of these items is also illegal.
Detailed information about the legality of radio equipment in the UK is available on the Ofcom website: www.ofcom.org.uk, or for Ireland the Commission for Communication Regulation: http://www.comreg.ie/.
Satellite, Digital and Cable TV Decoders
eBay does not permit the sale of items that can be used to decode encrypted transmissions, or facilitate access to cable, digital terrestrial or satellite television programming without authorisation or payment. Stating the item is for educational or test purposes will not legitimise a product that is otherwise inappropriate. Information on "how to" decode or gain access to cable, digital terrestrial or satellite television programming without authorisation or payment is similarly not allowed. eBay policy also prohibits the "encouragement" of this type of activity. If your item is marketed in such a manner, the listing may be ended early by eBay.
This information is not intended to be legal advice, but we hope it will help you trade safely on eBay. It is not an exhaustive list and seller will need to take steps to ensure their listing is lawful and does not infringe the copyrights, trademarks or other intellectual property rights of third parties.
Some examples of items which are not allowed:
NTL, Telewest or Virgin Media cable TV decoder boxes
Smart Card Programmers and Unloopers
Hardware or Software DSS Emulators
"Stealth Switches" for test cards
WEEE Regulations (UK)
The Waste Electrical and Electronic Equipment Regulations 2006 (“WEEE Regulations”) place certain obligations on all companies that manufacture, import or re-brand electrical and electronic equipment (“EEE”) in the UK. It also places obligations on “distributors” of EEE – these are all business sellers that provide EEE to someone who is going to use it.
Therefore, if you are a business seller who sells EEE to consumers, you must comply with the following two obligations:
Take back obligation - You must provide facilities for your customer to return old EEE free of charge on the purchase of a replacement item. You can do this by joining the Distributor Take-back Scheme (DTS) operated by Valpak, which supports a network of collection facilities where consumers can return their WEEE; or by offering to take WEEE when consumers buy a replacement item from you.
Obligation to inform consumers - You must make information available to consumers on how they can dispose of WEEE, and the environmental benefits of doing so. This can be achieved by, for example, including such information on your eBay store site, in your About Me page or in your listing. The DTS will provide its members with information in a standard format. You must keep records of how you provide this information.
Please read the BERR's fact sheet on distributors' obligations and visit VCA's website (VCA is the enforcement body for distributor obligations) for more information.
WEEE Regulations (IE)
Since August 2005, the Waste Electrical and Electronic Equipment (WEEE) Regulations require that all producers of electronic and electrical equipment are obliged to pay for the recycling of household electrical goods. These regulations require all retailers to actively assist in supporting WEEE management in Ireland.
This is achieved through the requirement for a retailer to accept a similar piece of WEEE when a customer buys a new electrical or electronic product. For sales that occur over the internet, the seller must arrange for the free recycling of similar WEEE. Please read the WEEE and Retailer Information note for further information.
Electronic waste is one of the fastest growing waste streams and much of it can be recycled. To remind consumers that WEEE can be recycled, all electrical items sold carry a ‘crossed-out wheelie bin’ symbol.
