Market surveillance and product regulation compliance

The new EU regulation requires online retailers to comply with market surveillance and product compliance standards

New Regulation on Market Surveillance and Product Compliance for European E-Commerce

Starting from 16 July 2021, the new Regulation 2019/1020/EU - Market Surveillance and Product Conformity Regulation - will come into force, which will affect European e-commerce and online retail by market-leading retailers.

Here's what you need to know:

• Products, including CE marked products, sold online will still have to comply with harmonised EU legislation.
• A person present in the European Union is also required to take responsibility for and be the point of contact for these products, an "Authorized Representative."
• Online retailers require an authorized representative for each CE marked product from sellers in non-European marketplaces.

Relevant Directives and Regulations

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

• Construction Products Regulation (EU) 305/2011
• Regulation (EU) 2016/425 on personal protective equipment
• Regulation (EU) 2016/426 on appliances burning gaseous fuels, also known as the Gas Appliances Regulation
• Directive 2000/14/EC on the noise emission of equipment intended for outdoor use
in the environment
• Directive 2006/42/EC on machinery
• Directive 2009/48/EC on the safety of toys
• Directive 2009/125/EC establishing a framework for setting 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 recreational craft and personal watercraft
• Directive 2014/29/EU to approximate 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 of non-automatic weighing instruments
• Directive 2014/32/EU on the approximation of the laws of the Member States relating to the making available on the market of measuring instruments
• Directive 2014/34/EU on the approximation 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 approximation of the laws of the Member States relating to the making available on the market of radio equipment
• Directive 2014/68/EU on the approximation 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 a business operator for online sellers through an authorized representative. Here's how they can help you comply with the new regulation:

• Check the documents necessary to comply with market surveillance, including the EU declaration of conformity or declaration of performance, technical documentation, and keep the declaration of conformity or declaration of performance available to market surveillance authorities for the period required by that legislation.
• Respond 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 corrective action to remedy any 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 maintain trade securely.