SAFEGUARDS | Consumer Products NO. 097/19
Regulation (EU) 2019/1020 on market surveillance and compliance of products was published on June 25, 2019. It applies to all products subject to EU harmonized Regulations indicated in Annex I. The aim is to improve market surveillance and compliance with product regulations.
The regulation sets the following requirements:
Online sales:
- Sales online are subject to surveillance when an economic operator directs its activities to a Member State market by any means
- Non-EU vendors are required to have a representative in the EU
- The fulfillment service provider becomes responsible when there is no representative in the EU (a fulfillment service provider is a person or company offering at least two of the following services: warehousing, packaging, addressing and dispatching, without having ownership of the products involved; courier and postal companies are specifically excluded).
Economic operator in the EU:
- An economic operator must be established in the EU in order to:
- Ensure the availability of the conformity documentation
- Cooperate with market surveillance authorities
- Inform authorities when they have reasons to believe that a product presents a risk
Such an economic operator can be a manufacturer established in the EU, an importer, an authorized representative or a fulfillment service provider.
Market surveillance:
- Market surveillance national authorities are granted strengthened powers
- The tasks of market surveillance are defined and powers like taking samples and imposing penalties are harmonized
- Market surveillance authorities may reclaim all cost of their activities in case of non-compliant products
- Harmonized approach for surveillance at EU borders by customs and surveillance authorities
- A Union Product Compliance Network (UPCN) to be set up by January 1, 2021
The regulation will apply from July 16, 2021, except for the setting up of the Union Product Compliance Network, which has to be established by January 1, 2021.
Read the full text of Regulation (EU) 2019/1020 (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex:32019R1020).
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