The European Parliament and Council recently approved a new EU regulation EU2019/1020, which will be officially implemented on July 16, 2021.
After the implementation of the new regulations, all consumer products entering the EU market (products covered by the 71 regulations listed in Annex 1 of the new regulations) need to have an economic operator in the EU (referred to as “Economic Operator” in the regulations) as a commodity partner. If the person in charge of the regulations does not have a designated person in charge, it will be regarded as non-compliant, and the goods will not be able to enter the EU market normally. The new EU regulation EU2019/1020, which will be officially implemented on July 16, 2021.
According to the requirements of the new regulations, the EU has many requirements on the qualifications, responsibilities and obligations of economic operators. If the product has major safety issues, the EU economic operators also need to bear corresponding legal responsibilities.
What is Economic Operator?
Economic Operator is a broad term used to describe all business entities (from individuals to multinational companies) involved in the product supply chain.
It can be a manufacturer, importer, distributor, or authorized representative, and each entity has specific responsibilities for the products it provides.
When the product is put on the EU market, the economic operators engaged in this work bear the ultimate responsibility for the safety and compliance of the product.
Must economic operators actually exist in the EU?
Yes it is. EU regulations define Economic Operator as a commercial organization such as a manufacturer, importer or distributor. Must have an office in an EU member state, have a contact email address, and cannot be an ordinary citizen.
Which products need to appoint an EU authorized representative?
1.All products that require CE certification need to designate an EU authorized representative (except for medical equipment, civil explosives, and certain elevators and ropeway installations).
2.In addition to CE, there are also many products that require the appointment of an EU authorized representative. The requirements of each country are different. For details, you can consult your platform or service provider.
If you are not sure whether the products you sell require CE certification, you can first refer to the following CE certification product category.
Which countries are EU authorized representatives applicable to?
European Union, EEA;
PS. The scope of application of the EU authorized representative does not include the United Kingdom. If the United Kingdom is required, it must be designated separately.
How should sellers outside the EU (ie Economic Operator) deal with this new regulation?
Economic Operator can entrust the “EC-Representative” located in the European Union to act on its behalf, so that the European Union can monitor the information on the compliance of products with relevant laws and assist in correcting non-compliance with the law.
EU requirements and obligations under EC-Representative
First, the manufacturer must authorize its representative through a written authorization signed by both parties. If the EU authorities contact the authorized representative, the authorization must allow him to speak on behalf of the manufacturer.
PS. Only manufacturers can issue such authorizations to authorized representatives. Distributors cannot authorize. EU regulations also require EU member states to establish penalties for non-fulfilment of relevant legal obligations. Therefore, if there is a problem, the authorized representative shall bear the legal consequences.
In fact, EU authorized representatives are definitely more than simply printing the address on the product and packaging. In addition, they also need to take a lot of responsibility.
(A) If the regulations applicable to the product stipulate the EU declaration of conformity or the declaration of performance and technical documents, please verify whether the EU declaration of conformity or the declaration of performance and technical documents has been drafted, and keep the declaration of conformity or declaration in It can be used by market surveillance agencies within the time limit required by the regulations, and ensure that technical documents can be provided to these agencies;
(B) According to the reasonable requirements of the market supervision agency, provide the agency with all necessary information and documents in the local language so that the agency is easy to understand;
(C) When the involved product has risks, it should be notified to the market supervision agency;
(D) If the economic operator believes or has reason to judge that the product in question poses a risk, it shall cooperate with the market supervision agency to ensure that necessary corrective measures are taken immediately to correct any non-compliance with the harmonized laws and regulations applicable to the product under discussion. Specify the required situation; if it is not possible, the market supervision department requires or takes the initiative to take measures to reduce the risk brought by the product.
This means that any failure/accident/recall etc. of the product designated as the EU authorized representative needs to be notified, contacted, and communicated with the competent authority by the European representative. If the problem is serious, it will even be held accountable.
After the implementation of the new regulations, if there is no economic operator in the EU as a representative, can products be sold in the EU?
Can’t.
Consequences of not doing it?
Illegal! After July 16, 2021, businesses that carry the CE mark in their products but cannot provide information on EU authorized representatives will be judged to constitute an illegal act.
The consequences will be:
1. Goods that have entered the EU customs will be detained and destroyed because they do not have the information of the EU responsible person. ；
2. Your products will be blocked in the EU, EU buyers cannot see your products and cannot place orders.
3. Commodities that are already circulating in the market are at risk of being complained.
How to indicate the contact information of the EU representative (economic operator)? How to distinguish it from the manufacturer information next to the CE mark?
The contact information of the EU representative should be indicated on the product, product packaging, package or accompanying documents.
How to print the European generation label correctly?
Now, the market is circulating: ①Just stick it, ②It must be affixed to the product; ③It must be printed on the product; ④It must be printed on the product and packaging, etc. countless versions…
Then how to print the label?
1. What kind of logo is printed?
It must be complete, the EC/REP on the left plus the European generation information on the right. (Some sellers only print Euro-generation information, and do not print the EC/REP on the left, which does not meet the requirements.)
2. How to print the logo?
Since the information requirements of the EU authorized representative must be clear and firm, our common simple stickers are likely to fail to meet the durability and other requirements. Therefore, Oudi’s address and telephone information should be printed on the product, instructions for use, and packaging (color product packaging, non-express packaging) as much as possible. If your product is very small and cannot be printed at all, you can not print it on the product. But it still has to be printed on the instructions for use and packaging.
If you still want to use the sticker, it is best to test that it will not be removed at all after the friction, heat, cold, and humidity tests, and it is clear and complete.
TWO websites
- The original text of the new regulations and other EU market sales product regulations inquiries website
Link to the original text of EU2019/1020 regulations:
https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32019R1020&fro - Other regulatory information required by the European Union:
https://ec.europa.eu/info/business-economy-euro/product-safety-and-requirements/eu-product-requirements_en
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