Market Surveillance and Compliance with Product Regulations

New EU Regulation Requires Online Retailers to Comply with Market Surveillance and Product Conformity Standards

New Market Surveillance and Product Conformity Regulations impacting European e-commerce

From 16 July 2021, the new Regulation 2019/1020/EU – Market Surveillance and Product Conformity Regulation – will come into force, affecting European e-commerce and online retail by leading retailers in the market.

Here's what you need to know:

• Products, including CE-marked products, sold online must still comply with harmonized EU legislation.
• A person who is located in the European Union is also required to be responsible and be the point of contact for these products, referred to as an "Authorized Representative".
• Online retailers will require an Authorized Representative for each CE Mark product from a non-European market seller.

Affected Instructions and Regulations

This new rule applies to all products covered by one or more of the following rules:

• Regulation (EU) No 305/2011 on construction products
• Regulation (EU) 2016/425 on personal protective equipment
• Regulation (EU) 2016/426 on equipment using gas fuel, also known as the Gas Equipment Regulation
• Directive 2000/14/EC on environmental noise emissions due to equipment used outdoors
• Directive 2006/42/EC on machining
• Directive 2009/48/EC on toy safety
• Directive 2009/125/EC which establishes a framework for establishing green design 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 harmonization of the legislation of Member States related to the supply of fireworks goods on the market
• Directive 2013/53/EU on recreational boats and private boats
• Directive 2014/29/EU on the harmonization of the legislation of Member States related to the provision of simple pressure vessels on the market
• Directive 2014/30/EU on electromagnetic compatibility
• Directive 2014/31/EU on the harmonization of Member State legislation relating to the supply of non-automatic weighing devices on the market
• Directive 2014/32/EU on the harmonization of Member State legislation related to the provision of measuring instruments on the market
• Directive 2014/34/EU on the harmonization of Member State legislation relating to equipment and protection systems intended for use in potentially explosive atmospheres (ATEX)
• Directive 2014/35/EU on the harmonization of Member State legislation relating to the supply on the market of electrical equipment designed for use within certain voltage limits (Low Voltage Directive)
• Directive 2014/53/EU on the harmonization of Member State legislation related to the supply of radio equipment on the market
• Directive 2014/68/EU on the harmonization of the legislation of Member States related to the supply of pressure equipment on the market.

How ComplyMarket can help you:

ComplyMarket Authorized Representative Service provides economic operators for online sellers through authorized representatives. Here's how they can help you comply with the new regulations:

• Check the documents required to comply with market surveillance, including EU declarations of conformity or performance declarations, technical documentation, and keep declarations of conformity or performance declarations with market surveillance authorities for the period required by such legislation.
• Responding to requests from market surveillance authorities, providing those authorities with all the necessary information and documentation to demonstrate the conformity of the product.
• Immediately take the necessary corrective action to remedy any case of non-compliance.
• Communicate with market surveillance authorities about high-risk products.

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