The Regulation will affect you if you are a manufacturer from a non-EU country, a distributor, an online trader or a fulfilment service provider. A fulfilment service provider is any person or company offering two or more of the following services: warehousing, packaging, addressing and dispatching, without owning any of the products involved. An exception is made for postal and courier firms.
To comply with the Regulation, you need to have an authorised representative present in the European Union prior to July 16, 2021. Otherwise, it will be illegal to market and sell your products in the EU after July 16, 2021.
Regulation (EU) 2019/1020 has the greatest impact on online sales crossing the EU’s border. Until now, online B2C sales where the Business is based outside of the EU and the Consumer is located in the European Union were not regulated. There was no legal entity formally liable for ensuring the conformity of goods bought outside the EU. Consumers were seen as ‘importers’ and were supposed to ensure that the products they buy online are compliant. But in practice, consumers rarely even knew what regulatory compliance is and how to verify it.
However, from July 16, 2021, non-EU vendors will need a European authorised representative to market and sell their products to EU consumers. Otherwise, the fulfilment service provider of such vendors will be held responsible when there is no representative.
Products that need to comply with EU legislation on chemicals (e.g. RoHS, REACH, Cosmetics) or waste (e.g. Packaging Waste Directive or WEEE) must also comply with the new EU Market Surveillance Regulation. A complete list of all product groups covered by the new Regulation is provided in Annex I.
If your product is listed in Annex I, then it needs to have an EU authorised representative. We at Clever Representative can be that responsible person for you. Check our scope of service for more information.
Clever Representative helps you fulfil the Regulation (EU) 2019/1020!Use the online tool now and register your products to have an authorised representative quickly.