New guidelines for economic operators in the EU
The European Commission recently published Guidelines for economic operators in accordance with the Regulation (EU) 2019/1020 on market surveillance and compliance of products
The document, called Guidelines for economic operators and market surveillance authorities on the practical implementation of Article 4 of Regulation (EU) 2019/1020 on market surveillance and compliance of products, concerns tasks of economic operators regarding products subject to certain Union harmonisation legislation.
Article 4 Regulation (EU) 2019/1020 requires that for certain products placed on the EU market there must be an economic operator in the EU who on request provides the authorities with information or takes certain action. There are four possible types of economic operators:
- A manufacturer established in the EU
- An importer (by definition established in the EU), where the manufacturer is not established in the Union
- An authorised representative (by definition established in the EU) who has a written mandate from the manufacturer designating the authorised representative to perform the tasks set out in Article 4(3) on the manufacturer’s behalf
- A fulfilment service provider established in the EU where there is no manufacturer, importer or authorised representative established in the Union
Those who intend to place on the EU market on or after 16 July 2021 a product covered by Article 4 have first to ensure that there is an economic operator referred to in Article 4 in the EU. Otherwise, such products cannot be placed on the EU market on or after 16 July 2021.
The Guidelines explain the scope of Article 4, clarify the tasks of the economic operator and provide more detail on the practical application of Article 4 according to the type of economic operator.
To find out more about the Regulation (EU) 2019/1020 on market surveillance and compliance of products, tasks of economic operators and product compliance in the EU, do not hesitate to contact the EFS Product Compliance Team.
