Market Surveillance Regulation (EU) 2019/1020 in Details

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Do you need to comply with the new Regulation?

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.

eu market surveillance regulation
eu market surveillance regulation

How does the new Regulation affect e-commerce?

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.

In need of an EU Authorised Representative?

Clever Representative is an official authorised representative for a wide range of products operating globally, with headquarters in Stockholm, Sweden. We at Clever Representative help non-EU vendors and other duty holders get EU representation in minutes. Access our digital self-service platform to solve your authorised representative issues today.
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What are your responsibilities?

If the Market Surveillance Regulation applies to you, then you are responsible for performing the following tasks:
  • Verifying that the technical documentation fulfils the requirements of all relevant EU directives and regulations
  • Verifying that the EU declaration of conformity has been drawn up and can be provided to the relevant market surveillance authorities upon request
  • Providing the market surveillance authorities with all documentation needed to demonstrate the compliance of the product
  • Informing the authorities about any products that present a risk or have questionable compliance documentation
  • Making sure that your name, trademark and contact details are indicated on the product and its packaging
  • Ensuring that immediate, corrective actions are taken to resolve any case of non-compliance
Additionally, you need to make sure that your products are labelled with the contact information of the authorised representative. The labelling can be done on the product’s surface, packaging or accompanying documentation.

What is the scope of the EU Market Surveillance Regulation?

The Regulation (EU) 2019/1020 has a notably broad scope of application. It applies to all products subject to the Union harmonisation legislation. This means that almost any type of product must be in compliance with the requirements of the Market Surveillance Regulation. Here are some examples of products falling within its scope:
  • Clothing and footwear
  • Electrical and electronic products
  • Measuring instruments
  • Machinery
  • Motor vehicles
  • Batteries and accumulators
  • Fertilisers
  • Toys
  • Biocidal products
  • Non-automatic weighing instruments, etc.

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.

About the Market Surveillance Regulation (EU) 2019/1020

Amending Regulations (EU) No 305/2011 and (EC) No 765/2008 and Directive 2004/42/EC, Regulation (EU) 2019/1020 has its focus on market surveillance and conformity of products, and it is part of the "Goods package". The new Market Surveillance Regulation was published in the Official Journal (OJ) of the European Union on June 25, 2019. It lays down rules, procedures and obligations for economic operators regarding manufactured goods subject to specific EU harmonisation legislation. In Addition, the Regulation:
  • Outlines controls on products entering the EU single market
  • Sets up a framework for cooperation with economic operators
  • Adds the requirement for e-commerce and non-EU vendors to have an authorised representative present in the Union.
The new EU Regulation seeks to reduce the number of non-compliant goods in the internal market and eliminate unfair competition by creating equal competitive conditions for all economic operators. Most of its provisions relate to the market surveillance authorities and their operation. However, the Regulation also contains provisions concerning customs controls. The main objective of Regulation (EU) 2019/1020 is to respond to the challenges caused by non-compliant manufactured goods from third countries arriving in the Union through online sales.

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