The Market Surveillance and Compliance of Products Regulation (EU) 2019/1020

The EU market surveillance regulation came into force in the EU on July 16 2021. It amends 18 CE marking directives in order to:

  • better protect end users and the environment from unsafe and non-compliant products
  • protect producers from unfair competition by those who ignore the rules
  • help market surveillance and customs authorities trace and question non-EU manufacturers especially online suppliers.

Most of the regulation is concerned with arrangements for market surveillance and border authorities such as such as consumer protection, health and safety, environmental protection and customs authorities.

Article 4 gives requirements for suppliers of products, called ‘economic operators.’ The main new requirement is for every regulated product to have a responsible economic operator in the EU before it is placed on the market.

The main type of supply chain affected is online sales from non-EU websites, which have not previously had an economic operator in the EU.

The arrival of the regulation closely follows Britain leaving the EU single market in January 2021, making the situation for British products more complicated.

Appointing an Authorised Representative with expertise in product safety is the simplest way to get a responsible economic operator without disrupting the existing supply chain.

Which part of the EU Regulation on Market Surveillance says what suppliers have to do?

What do suppliers of products have to do?

When do suppliers have to be ready?

Does the Regulation (EU) 2019/1020 apply in the UK?

Which products require a responsible economic operator?

Which Directives and Regulations are listed?

What about non-CE-marked ‘general’ products?

Which countries are in the EU single market?

What does “placed on the market” mean?

When is a product on an overseas website considered to be “placed on the market”

Who can be the responsible economic operator?

Who is the responsible economic operator in a conventional supply chain with an importer and distributor?

Who is the responsible economic operator when a fulfilment service provider in the EU handles the product?

Who is the responsible economic operator when the product is shipped from outside the EU directly to the end-user?

Is an online marketplace an economic operator?

What information on the responsible economic operator must be provided with the product?

How can an authorised rep’s contact details be indicated?

How can manufacturers’ and importers’ contact details be indicated?

Which Authorities require the contact details to be marked?

Can a phone number, email address or website be indicated instead?

What if there are multiple names and addresses?

Do I need to translate the titles ‘manufactured by’, ‘represented by’ etc.?

Tasks of the Authorised Representative or other Responsible Economic Operator

What are the tasks when they start representing a new product?

What are the tasks when a product presents a risk?

What else can a market surveillance authority ask them to do?

What if the authorised representative or other responsible economic operator cannot complete their tasks because the manufacturer won’t cooperate?

What are the penalties if the authorised representative or other responsible economic operator fails to fulfil its tasks?

Can the authorised representative or other responsible economic operator bear lability for injury caused by a dangerous product they represent?

Where can I find out more about regulation EU 2019/1020?

Our team of specialized CE Marking experts at Product Compliance Support are ready to provide you with the answers for your product compliance queries. Also, we have an assortment of CE Marking Declaration of Conformity Self Assessment Templates available for you to purchase.

Declaration of Conformity Templates for CE and UKCA Marking

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