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Regulation (EU) 2019/1020: enhancing product safety in the EU

Regulation (EU) 2019/1020, in force since July 16, 2021, is designed to enhance the safety and compliance of products sold within the European Union (EU). This regulation mandates that all businesses outside the EU, selling certain products directly or indirectly (including through e-commerce platforms), must have an economic operator within the EU. This economic operator acts as a liaison between the non-EU manufacturer and EU market surveillance authorities (MSA), ensuring product compliance and consumer safety.

Key requirements of the regulation

1. Economic operator requirement:

  • Every business selling products in the EU must designate an economic operator within the EU. This can be an importer, authorised representative, or a fulfilment service provider.
  • The economic operator’s name and address must be clearly visible on the product or its packaging.

2. Economic operator requirement:

  • Fulfilment service providers, such as Amazon, are considered economic operators under this regulation. Hence, they are responsible for verifying and maintaining the technical file and Declaration of Conformity, unless these responsibilities are transferred to another economic operator within the EU. Typically, fulfilment service providers prefer not to assume these responsibilities. By designating an authorised representative (AR) or an importer with these tasks, these duties can be transferred to another party.

This product mentions just the name of the importer on the product itself. As the address is missing, the product is not compliant, unless the address is mentioned on the packaging.

Objectives of Regulation (EU) 2019/1020

  • Strengthen market surveillance: Improve the monitoring and enforcement of product compliance within the internal market.
  • Protect public interests: Ensure high levels of protection for various public interests, including health and safety, environmental protection, and public security, by enforcing strict compliance requirements for products.

 

Implementation and impact

The regulation has significantly impacted how businesses operate:

  • Market surveillance: Enhanced market surveillance activities by MSAs ensure that non-compliant products are identified and removed from the market promptly.
  • Consumer safety: By enforcing strict compliance requirements, the regulation has improved the overall safety and quality of products available to EU consumers.
  • Business operations: Non-EU businesses must now establish relationships with economic operators within the EU to ensure their products comply with EU regulations.

 

Does Regulation (EU) 2019/1020 apply to the UK?

Post-Brexit, the UK has not implemented Regulation (EU) 2019/1020. Instead, the UK follows a market surveillance framework based on Decision EC 765/2008 (the New Legislative Framework). This framework requires importers to be identified on the product or packaging. Additionally, an authorised representative may be appointed instead of the importer. While the UK’s requirements for a UK-based economic operator have been in place for some time, Brexit has highlighted and reinforced these requirements.

 

Summary

Regulation (EU) 2019/1020 is a critical measure for ensuring the safety and compliance of products sold within the EU. By requiring businesses outside the EU to have an economic operator within the EU, the regulation strengthens market surveillance and consumer protection. This regulation plays a vital role in maintaining the integrity and safety of the EU internal market, introducing several measures to ensure there is always an EU based economic operator responsible to ensure that products placed on the EU market are safe and compliant.

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