EU Market Surveillance Regulation

EU Market Surveillance Regulation is Regulation (EU) 2019/1020, which strengthened product compliance checks in the EU and, since 16 July 2021, requires an EU-based economic operator for many CE-marked products sold into the EU.

2019, Article 4 from July 2021 EU Enforced by National market surveillance authorities Regulation (EU) 2019/1020

What it requires

For products under 18 EU harmonisation laws, including toys, electrical equipment, machinery and radio equipment, an EU-established economic operator must hold the declaration of conformity, cooperate with authorities and inform them of risks. That operator can be the manufacturer, an importer, an authorised representative or, if none exists, a fulfillment service provider, defined as a business offering at least two of warehousing, packaging, addressing and dispatching. Its name and contact details must appear on the product, packaging, parcel or accompanying document.

Why it matters

The Market Surveillance Regulation is the law that can make an EU fulfillment provider legally responsible for a non-EU seller's products. If a Chinese or US brand has no EU importer or authorised representative, the 3PL that stores and ships its CE-marked goods becomes the responsible economic operator. For example, an EU 3PL fulfilling Bluetooth speakers for an overseas seller should require the client to appoint an authorised representative and supply its details for labels, or accept the duty to keep the declaration of conformity and deal with authorities.

Related laws

Sources

Not legal advice.