Market surveillance and product compliance

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

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

From 16 July 2021, the new Regulation 2019/1020/EU - Market Surveillance and Product Conformity Regulation - will enter into force, 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 must comply with harmonized EU legislation.
• A person present in the European Union is also needed to assume responsibility and be the point of contact for these products, an "authorized representative."
• Online retailers will require an authorized representative for each CE marked product from non-European market sellers.

Directives and regulations affected

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 emission of noise into the environment by outdoor appliances
• Machinery Directive 2006/42/EC
• Toy Safety Directive 2009/48/EC
• 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 placing on the market of pyrotechnic articles
• Directive 2013/53/EU on recreational craft and personal craft
• Directive 2014/29/EU on the harmonisation of the laws of the Member States relating to the placing 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 placing 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 placing 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 placing 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 placing on the market of radio equipment
• Directive 2014/68/EU on the harmonisation of the laws of the Member States relating to the placing 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:

• 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 such legislation.
• Respond to requests from a market surveillance authority, providing the market surveillance authority with all the information and documentation necessary to demonstrate the conformity of the product.
• Take the necessary corrective action immediately to remedy any case of non-compliance.
• Communicate 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 maintain trade safely.