Table of Contents
European Regulation 2019/1020 on market surveillance and compliance of products, in force since 16 July 2021 aims to:
- Protect consumers from dangerous and non-compliant products;
- Create fair competition conditions for economic operators.
The regulation imposes new obligations, which are described in Article 4. In practical terms, it means that companies marketing certain products in the European market must designate a responsible person. This person must:
- Keep the product compliance documentation available;
- Cooperate with the market surveillance authorities;
- Inform the authorities if they suspect a product presents a risk.
Please note!
As of 13 December 2024, Regulation (EU) 2023/988 on general product safety (GPSR)applies. This regulation contains a number of new requirements. Article 16 states that a product covered by this Regulation shall not be placed on the market unless there is an economic operator established in the Union who is responsible for the above-mentioned tasks for that product.
In addition to the tasks mentioned in Article 4(3) of Regulation (EU) 2019/1020, the person responsible for the products shall regularly check that the product complies with the technical documentation referred to in Article 9(2) of Regulation (EU) 2023/988 and that the product complies with the requirements provided for in Article 9(5), (6) and (7). Upon request by the market surveillance authorities, the responsible person must provide documented evidence of the checks performed.
What Products are Concerned?
Economic operators must designate a responsible person if the products are covered by one or more of the following items of legislation as listed in Article 4(5):
- Toys
- Electrical equipment
- Radio equipment
- Electromagnetic compatibility
- Limitation of hazardous substances in electrical and electronic equipment ("RoHS")
- Energy-related products ("ecological design")
- Gas appliances
- Construction products
- Machines
- Equipment intended for use outdoors ("noise emissions in the environment")
- Equipment and protective systems intended for use in potentially explosive atmospheres (ATEX)
- Pressure equipment
- Simple pressure vessels
- Pyrotechnic items
- Pleasure boats
- Measuring instruments
- Non-automatic weighing instruments
- Personal protective equipment
- Unmanned aircraft (drones)
Please note!
Since13 December 2024, in accordance with Article 16 of GPSR, economic operators established outside the Union must designate a responsible person established in the Union for all products falling within the scope of this Regulation.
These are products intended for consumers or which are likely, under reasonably foreseeable conditions, to be used by consumers even if they are not intended for them (whether new, second-hand, repaired or reconditioned).
There are few changes in practice for Belgian companies and importers that have been physically importing products for several years. These products are already covered by sector-specific legislation.
Are you using an economic operator established in the United Kingdom?
- You must check whether a responsible person in the EU has already been appointed for these products.
- If not, you must check what your obligations are and take the necessary steps.
The new legislation has the greatest impact on B2C sales when the company is located outside the EU and the consumer is in the EU. Before this regulation came into force, no company was formally responsible for ensuring that this type of sale complied with the regulations. Consumers were considered "importers" responsible for compliance with these provisions. In other words, every consumer, when making purchases online, had to ensure that suppliers located outside the EU complied with Community rules. From 16 July 2021, under (EU) Regulation 2019/1020, suppliers based outside the EU must have a representative in the EU whom they appoint as a responsible person or as a fulfilment service provider if the representative fails.
What Type of Economic Operator Can be Appointed as Responsible?
According to the regulation, an economic operator such as:
- A manufacturer established in the EU;
- An importer, when the manufacturer is not established in the EU;
- An authorised representative who has a written mandate from the manufacturer in which the authorised representative is indicated to carry out the tasks referred to in Article 4(3) on behalf of the manufacturer;
- A "fulfilment service provider", where neither of the above-mentioned parties is established in the EU;
may be appointed as responsible.
What is Meant by "Order Fulfilment Service Provider"?
The concept of " fulfilment service provider" is new in EU legislation. The term refers to a natural or legal person who, without owning the products concerned, offers at least two of the following services as part of its commercial activity:
- Warehousing
- Packaging
- Addressing
- Dispatching
Please note!
This does not include postal services, parcel delivery services or other freight transport services. Fulfilment service providers simply store products in the EU so they can be delivered quickly to consumers or other end users. They therefore provide services to other economic operators.
Before accepting the provision of a fulfilment service for a product covered by Article 4, service providers must check with their customers that another type of operator does not already exist for that product. Otherwise, they are responsible and must arrange with their customers to ensure that, before agreeing to provide the service, they receive the means to comply with the obligations from the customer or directly from the manufacturer.
Who is Responsible?
The economic operator who is responsible depends on the delivery chain. It is easy to check this using the diagram below.
Diagram: "Who is responsible?" (PDF, 276.93 KB)
All responsible parties have the same tasks, regardless of the type of economic operator. However, an economic operator may have additional tasks, as specified in the sector-specific legislation.
