Market Surveillance and Compliance of Products Regulation

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

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

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

Here's what you need to know:

• Products, including CE marked products, sold online will still need to comply with harmonized EU legislation.
• A person present in the European Union is additionally needed to take responsibility and be the point of contact for these products, an "Authorized Representative."
• Online retailers will require an Authorized Representative for each CE Mark product from non-European marketplace 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 relating to the noise emission in the environment by equipment for use outdoors
• Directive 2006/42/EC on machinery
• 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 harmonization 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 harmonization of the laws of the Member States relating to the making available on the market of simple pressure vessels
• Directive 2014/30/EU on electromagnetic compatibility
• Directive 2014/31/EU on the harmonization 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 harmonization of the laws of the Member States relating to the making available on the market of measuring instruments
• Directive 2014/34/EU on the harmonization of the laws of the Member States relating to equipment and protective systems intended for use in potentially explosive atmospheres (ATEX)
• Directive 2014/35/EU on the harmonization 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 harmonization of the laws of the Member States relating to the making available on the market of radio equipment
• Directive 2014/68/EU on the harmonization 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 via an authorized representative. Here's how they can assist you in complying with the new regulation:

• Check the necessary documents to comply with market surveillance, including the EU declaration of conformity or declaration of performance, technical documentation, and keeping the declaration of conformity or declaration of performance at the disposal of 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.
• Take immediate necessary corrective action to remedy any case of non-compliance.
• Communicate with the market surveillance authorities about high-risk products.

ComplyMarket and its partner companies can help non-European sellers who don’t have a legal presence in Europe to keep trading safely.