Regulation (EU) 2019/1020

Regulation (EU) 2019/1020, also known as the Market Surveillance Regulation, lays down rules on market surveillance and compliance of products placed on the Union market. It aims to ensure that products sold in the European Union, whether manufactured within the EU or imported, meet applicable EU harmonization legislation.

The core objective of Regulation (EU) 2019/1020 is to strengthen market surveillance by improving cooperation between national market surveillance authorities and establishing a network of authorized representatives within the EU for products sold online or through other distance sales methods. This addresses the challenge of monitoring and enforcing compliance for products coming from outside the EU, particularly those sold online where the manufacturer or importer may be difficult to trace.

Key provisions of the regulation include:

• Economic Operators: The regulation clarifies the obligations of economic operators, including manufacturers, importers, distributors, and fulfillment service providers, in ensuring product compliance.

• Authorized Representatives: For certain products, particularly those sold online from outside the EU, an economic operator established in the EU (the Authorized Representative) is required to be designated. This representative is responsible for tasks such as verifying that the technical documentation is available and accessible, informing market surveillance authorities about any risks posed by a product, and cooperating with authorities on corrective actions.

• Market Surveillance Cooperation: The regulation strengthens cooperation between national market surveillance authorities through information sharing, joint investigations, and mutual assistance.

• Product Compliance Information System: The regulation supports the establishment of a common information system to facilitate the efficient exchange of information on non-compliant products among market surveillance authorities.

• Enforcement: Regulation (EU) 2019/1020 empowers market surveillance authorities to take effective measures against non-compliant products, including withdrawal from the market, recall from consumers, and imposition of penalties.

The regulation is designed to improve the safety and conformity of products circulating within the EU, protecting consumers and businesses from unfair competition. It entered into force on July 16, 2019, and became applicable on July 16, 2021. It repeals and replaces Article 15 to 29 of Directive 2004/42/EC and Regulation (EC) No 765/2008.