Market surveillance and product regulatory compliance

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

New regulation on market surveillance and product compliance will have an impact on European e-commerce

As of 16 July 2021, the new Regulation 2019/1020/EU – Market Surveillance and Product Compliance – will come into force, affecting European e-commerce and online retailing by the main retailers in the market.

Here's what you need to know :

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

Affected Directives 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 burning gaseous fuels, also known as the Gas Appliances Regulation
• Directive 2000/14/EC on the environmental noise emissions of equipment intended for outdoor use
• Machinery Directive 2006/42/EC
• Directive 2009/48/EC on the safety of toys
• Directive 2009/125/EC establishing a framework for the setting 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 recreational craft and personal watercraft
• 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 receptacles
• Directive 2014/30/EU on electromagnetic compatibility
• 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 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 protective equipment and systems intended 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 intended 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 regulations :

• Verify the documents necessary to comply with market surveillance, including the EU Declaration of Conformity or Declaration of Implementation, technical documentation, and to keep the Declaration of Conformity or Declaration of Implementation available to the supervisory authorities of the market during the period required by the said legislation.
• Respond to requests from a market surveillance authority, providing all the information and documentation necessary to demonstrate the conformity of the product.
• Take immediate corrective action to remedy any non-compliance.
• Contact market surveillance authorities about high-risk products.

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