Market Surveillance and Product Regulatory Compliance

New EU Regulation Requires Online Retailers to Comply with Market Monitoring and Product Compliance Standards

New Market Surveillance and Product Compliance Regulations to impact European e-commerce

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

Here's what you need to know:

• Products, including CE-marked products, sold online still need to comply with harmonized EU laws.
• A person present in the European Union is also required to be responsible and be the point of contact for this product, the "Authorized Representative."
• Online retailers will require an Authorized Representative for each CE Mark product from non-European market sellers.

Affected Directives 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 appliances that burn gas fuel, also known as the Gas Appliances Regulation
• Directive 2000/14/EC relating to the emission of noise in the environment by appliances for outdoor use
• Directive 2006/42/EC on machinery
• Directive 2009/48/EC on toy safety
• Directive 2009/125/EC establishes 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 harmonization of Member State legislation relating to the provision of pyrotechnic goods available on the market
• Directive 2013/53/EU on recreational crafts and private boats
• Directive 2014/29/EU on the harmonization of Member State legislation relating to preparations available on the market of simple pressure vessels
• Directive 2014/30/EU on electromagnetic compatibility
• Directive 2014/31/EU on the harmonization of Member State legislation relating to the provision of non-automatic weighing devices available on the market
• Directive 2014/32/EU on the harmonization of Member State legislation relating to the provision of measuring instruments available 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 provision of electrical equipment available on the market designed for use within certain voltage limits (Low Voltage Directive)
• Directive 2014/53/EU on the harmonization of Member State legislation relating to the provision of radio equipment available on the market
• Directive 2014/68/EU on the harmonization of Member State legislation relating to the preparation available on the pressure equipment 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 rules:

• Review the documents required to comply with market surveillance, including the EU declaration of conformity or performance declaration, technical documentation, and maintain the declaration of conformity or performance declaration at the disposal of the market surveillance authority for the period required by such legislation.
• Responding to requests from market surveillance authorities, providing them with all the necessary information and documentation to demonstrate product compliance.
• Take the necessary corrective action immediately to correct 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.