Market surveillance and compliance with product regulation

New EU regulation obliges online retailers to comply with market surveillance and product compliance standards

New regulation on market surveillance and product compliance impacts European e-commerce

As of July 16, 2021, the new Regulation 2019/1020/EU - Market Surveillance and Product Compliance Regulation - will come into force, influencing European e-commerce and e-commerce by market-leading retailers.

Here's what you need to know:

• products, including CE marked products sold online, must continue to comply with harmonised EU legislation.
• A person present in the European Union must also take responsibility and be the contact person for these products, an "Authorized Representative."
• Online retailers require an authorized representative of non-European marketplace sellers for each CE branded product.

Affected Policies and Regulations

The new regulation applies to all products covered by one or more of the following regulations:

• Regulation (EU) No 305/2011 on construction products
• Regulation (EU) 2016/425 on personal protective equipment
• Regulation (EU) 2016/426 on appliances that burn gaseous fuels, also known as the Gas Appliance Regulation
• Directive 2000/14/EC on noise emission in the environment from outdoor appliances
• Directive 2006/42/EC on machinery
• Directive 2009/48/EC on the safety of toys
• Directive 2009/125/EC establishing a framework for the establishment of ecodesign requirements for energy-related products
• Directive 2011/65/EU on the restriction of the use of certain hazardous substances in electrical and electronic equipment (RoHS)
• Directive 2013/29/EU on the harmonisation of the laws of the Member States relating to the making available on the market of pyrotechnic articles
• Directive 2013/53/EU on watercraft and recreational craft
• Directive 2014/29/EU on the harmonisation of the laws of the Member States relating to the making available on the market of simple pressure vessels
• Electromagnetic Compatibility Directive 2014/30/EU
• Directive 2014/31/EU on the harmonisation of the laws of the Member States relating to the making available on the market for non-automatic weighing instruments
• Directive 2014/32/EU on the harmonisation of the laws of the Member States relating to the making available on the market of measuring instruments
• Directive 2014/34/EU on the harmonisation of the laws of the Member States relating to equipment and protective systems for use in potentially explosive atmospheres (ATEX)
• Directive 2014/35/EU on the harmonisation of the laws of the Member States relating to the making available on the market of electrical equipment designed for use within certain voltage limits (Low Voltage Directive)
• Directive 2014/53/EU on the harmonisation of the laws of the Member States relating to the making available on the market of radio equipment
• Directive 2014/68/EU on the harmonisation of the laws of the Member States relating to the making available on the market of pressure equipment.
  

How ComplyMarket can help you:

ComplyMarket's Authorized Representative Service provides an economic operator for online sellers through an authorized representative. Here's how they can help you comply with the new regulation:

• Verify the documents required to comply with market surveillance, including the EU declaration of conformity or performance, technical documentation, and keep the declaration of conformity or performance at the disposal of market surveillance authorities for the period prescribed by such legislation.
• Responding to requests from a market surveillance authority, providing that authority with all the information and documentation necessary to demonstrate the conformity of the product.
• Immediately take the necessary corrective actions to remedy any case of non-compliance.
• Communication with market surveillance authorities on high-risk products.

ComplyMarket and its partner companies can help non-European sellers who do not have a legal presence in Europe to keep trading safe.