New Regulation (EU) 2019/1020 on market surveillance and compliance of products
The accelerated growth of online shopping, has created new product safety challenges and issues in the worldwide market place, and, as a result, pressure has grown to strengthen enforcement measures in this area.
The EU market is facing several problems which have stemmed from online shops and the rising number of illegal and non-compliant products in circulation, disrupting competition among traditional businesses and potentially putting consumers at risk.
As a result, the EU Regulation (EU) 2019/1020 will apply from the 16th July, 2021 with the aim is to address regulation on market surveillance and product compliance. From this date UK manufacturers will need to appoint an EU based “authorised representative” if they don’t sell via an importer. That authorised representative is responsible for holding a copy of the EU declaration of conformity for the products so that they can make it available to market surveillance authorities if requested. They also have the responsibility for working with the market surveillance authorities to address any non-compliance.
Regulation (EU) 2019/1020
Market Surveillance and Compliance of Products Regulation (EU) 2019/1020 aims to protect customers’ health and safety, the environment, and other public interests by improving and updating market surveillance, including the EMC, Low Voltage and Radio Equipment Directives. This regulation will apply to both the e-commerce and physical marketplaces.
- Companies with online sales only may alternatively appoint a fulfilment service provider to have similar responsibilities as the authorised representative.
- The Regulation also gives market surveillance authorities additional powers.
- An EU-wide ‘Union Product Compliance Network’ was created from 1st January 2021.
- An economic operator (such as a manufacturer established in the EU, importer and distributors, an authorized representative, or a fulfilment service provider) must be established in the EU to ensure the availability of the EU declaration of conformity and technical documentation, cooperate with market surveillance authorities, and inform authorities when they have reasons to believe that a product presents a risk.
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