Social connect

Market Surveillance

New Regulation on Product Conformity and Market Surveillance for Businesses Selling to the European Union

The rise of e-commerce, combined with increasingly complex global supply chains, has introduced new product safety challenges. As a result, the European Union has taken significant steps to enhance market surveillance and product compliance.

The influx of non-compliant and potentially unsafe products from online retailers has caused disruption in the EU market, affecting fair competition and endangering consumers. To address these issues, the EU implemented the Strategic Agenda 2019-2024, which includes Regulation (EU) 2019/1020, aimed at improving the enforcement of product conformity and market surveillance measures. A core priority of this agenda is to "develop a strong and competitive economic base."

What does this mean in practical terms for sellers on eBay and Amazon!

There is a lot of confusion as to who is supposed to do what.

If you are a manufacturer and you are selling into Europe, you need to appoint an EU Authorized Rep.

However, if you are reseller of other manufacturers’ products you need to add the name and details of the Rep to your products. You cannot appoint the Rep, only the manufacturer can do that.

“You need to check with the non-EU manufacturer to see if they have an authorised representative. If there is one, obtain the name and contact details (including postal address) of the authorised representative and ensure that the information is indicated on the product or its packaging.

If the non-EU manufacturer has not appointed an authorised representative in the EU, work with the manufacturer to appoint one. The authorised representative will need a mandate signed by the manufacturer as well as obtaining and keeping the certificate of conformity/performance and other technical documentation from the manufacturer”

This is where many sellers are struggling because it is not easy to obtain this information. International Associates can work with you to get the manufacturers to be complaint.

The eBay guidance can bee seen here Selling products with a CE symbol into Europe | eBay

Understanding Regulation (EU) 2019/1020

Published on June 20, 2019, Regulation (EU) 2019/1020 focuses on the Market Surveillance and Compliance of Products. Its main objective is to protect public health and safety, the environment, and other vital interests by modernizing the approach to market surveillance.

This regulation applies to non-food products across various sectors, including medical devices, personal protective equipment (PPE), toys, apparel, footwear, and accessories. It is applicable to both online and physical marketplaces, ensuring comprehensive oversight.

See the Regulation here Regulation - 2019/1020 - EN - EUR-Lex (europa.eu)

And the EU Guidance here DocsRoom - European Commission (europa.eu)

Key Aspects of Regulation (EU) 2019/1020

Enhanced Market Surveillance: The regulation strengthens the supervision of products subject to EU harmonization legislation, ensuring safety in both consumer markets and workplaces while protecting the environment and public security.
Economic Operators' Responsibility: It establishes guidelines for economic operators and introduces new rules for cooperation between businesses and supervisory authorities.
Product Import Controls: The regulation sets up stricter controls on products entering the EU market, ensuring they meet compliance standards.
Legal Revisions: It updates and replaces parts of Regulation (EC) No 765/2008 on accreditation and market surveillance and amends Directive 2004/42/EC and Regulation (EU) No 305/2011 concerning construction products.
Effective Date: While Regulation (EU) 2019/1020 has been effective since July 16, 2021, certain provisions began applying as early as January 1, 2021.

How Does This Impact E-commerce?

Key elements of the regulation significantly affect online businesses:

1. Introduction of the Fulfilment Service Provider Role:

A new category of economic operator—the Fulfilment Service Provider—has been introduced. This entity, which handles tasks like warehousing, packaging, and dispatching without owning the products, will now share liability for product compliance, alongside manufacturers, importers, and distributors.

2. Requirement for EU-Based Economic Operators:

Products cannot be sold to EU consumers without an economic operator established in the EU. This rule heavily impacts e-commerce platforms and online sellers outside the EU, requiring them to partner with an EU-based entity to remain compliant.

3. Responsibilities of the Fulfilment Service Provider:

The fulfilment service provider will now assume responsibilities related to product compliance. These include:

Maintaining EU declarations of conformity and technical documentation.
Notifying authorities when they suspect products pose risks.
Cooperating with authorities in corrective actions such as product recalls or stock destruction to ensure public safety.

At International Associates, we provide expert guidance on product compliance and import conformity, helping businesses navigate the complexities of market access across the globe. Contact us to learn more about how we can support your compliance needs.

For more information about our services please contact us by using our contact form, by phone or drop us an email. We will be pleased to assist you.

Alternatively get a quote by filling in our enquiry form

Market Surveillance

New Regulation on Product Conformity and Market Surveillance for Businesses Selling to the European Union

What does this mean in practical terms for sellers on eBay and Amazon!

How Does This Impact E-commerce?

1. Introduction of the Fulfilment Service Provider Role:

2. Requirement for EU-Based Economic Operators:

3. Responsibilities of the Fulfilment Service Provider:

MAIN LINKS

SERVICES

QUICK LINKS

FOLLOW OR LIKE US