What is the market surveillance regulation?
The Market Surveillance Regulation is the name for Regulation (EU) 2019/1020 and aims to improve the functioning of the internal market by strengthening the market surveillance of certain products. Businesses from outside the EU that sell products in the EU are required to have an economic operator located in the EU to act as a liaison between the manufacturer based outside the EU and the EU-based national authority.
What is its objective?
The overall objective of the Market Surveillance Regulation is to protect consumers against products that may endanger their health and safety. The regulation strengthens the monitoring of the European market and protects the public interest. Other than general health and safety, the regulation also protects public interest concerning health and safety in the workplace, the environment, and public security. Also known as the EU Regulation (EU) 2019/1020, the Market Surveillance Regulation was adopted by the European Commission and enforced on July 16th, 2021.
How is it enforced?
An economic operator is a manufacturer, an importer, an authorized representative, a distributor, a fulfillment service provider, or any other natural or legal person established in the EU. They are legally responsible for the compliance with EU safety standards of all products, whether sold directly or indirectly (through e-commerce platforms).
Economic operators are required to hold EU declarations of conformity, declarations of performance, and technical documentation of products that can be handed over to the market surveillance authority in case of an inspection. They have an obligation to cooperate with the market surveillance authorities and to inform the authorities of any incidents.
