Regulation (EU) 2019/1020 – Market surveillance and compliance of products amending Directive 2004/42/EC, Regulations (EC) No. 765/2008 and (EU) 305/2011 (the EU-CPR) comes into full effect on 16 July 2021. However, Articles 29-33 and 36 applied from 1 January 2021. The whole of the new legislation will apply to Northern Ireland (so long as the NI Protocol is in place) and the EU. The Regulation can be viewed here.
This legislation extends the market surveillance requirements industry has become used to under existing regulations. While the Regulation is primarily about the consistency and coordination of market surveillance, there are also a few new requirements for businesses to action to help authorities trace products from manufacture to end user. These requirements only apply to certain products and when there is no manufacturer, authorised representative or importer already based in NI or the EU. The products covered by this new Regulation include:
- Construction products
- Gas appliances
- Low voltage electrical equipment
- Radio equipment
- Restricting hazardous substances in electrical and electronic equipment
- Pressure equipment
- Simple pressure vessels
- Numerous others – see legislation Article 4(5) for a list of Regulations covered.
The economic operators the legislation covers are:
- Manufacturers established within and outside the EU (including NI)
- Authorised Representatives
- Fulfilment service providers* where none of the above three economic operators named above is established in the EU (including NI).
[Note: * – Any natural or legal person offering, in the course of a commercial activity, at least two of the following services:
- Addressing & dispatching without having ownership of the products, excluding postal services, parcel delivery services and any other postal services or freight transport services.]
A product can only be placed on the market if there is an economic operator established in the EU (includes NI) who is responsible for the following tasks:
- Verifying that the DOP or a DOC (for non-construction products) and technical documentation have been drawn up
- Keeping the DOP or DOC at the disposal of the market surveillance authority (MSA) for the required period set out in the respective legislation (10 years for the EU-CPR)
- Ensuring that the technical documentation can be made available to the MSA upon request
- Provide the MSA with any information they request to demonstrate conformity of products in the appropriate language
- If they believe that a product poses a risk, to inform the MSA
- To cooperate with the MSA over corrective action as required.
The legislation does not stipulate whether these tasks have to be allocated to one economic operator or can be shared between more than one economic operator. Also, The regulation does not require an authorised representative to be appointed for each product.
The key changes / new requirements of the legislation (greater detail can be gleaned by reading the appropriate articles in their entirety)
- Article 4(4) Tasks of economic operators
The name, registered trade name or registered trade mark and contact details, including postal address, of the economic operators named above shall be indicated on the product or its packaging, the parcel or an accompanying document.
- Article 6 Distance sales
Products offered for sale online or through other means of distance sales shall be deemed to be made available on the market if the offer is targeted at an end user within the EU.
- Article 15 Recovery of costs by market surveillance authorities
In cases of non-compliance, Member States may authorise market surveillance authorities to reclaim from the relevant economic operator the total cost of their activities.
- Article 25 Controls on products entering the EU market
Customs Authorities can be designated as the authority controlling a products entry to the EU market.
- Article 29 Union Product Compliance Network
The Network shall serve to provide structured coordination and cooperation between enforcement authorities within the Member States and the European Commission.
- Article 40
In Article 56(1) of Regulation 305/2011 (the EU-CPR), the first subparagraph is replaced by the following:
|Replacement Text||Original Text in the EU-CPR
(provided for comparison purposes only)
|Where the market surveillance authorities of one Member State have sufficient reason to believe that a construction product covered by a harmonised standard or for which a European Technical Assessment has been issued does not achieve the declared performance and presents a risk for the fulfilment of the basic requirements for construction works covered by this Regulation, they shall carry out an evaluation in relation to the product concerned covering the respective requirements laid down by this Regulation. The relevant economic operators shall cooperate as necessary with the market surveillance authorities.||Where the market surveillance authorities of one Member State have taken action pursuant to Article 20 of Regulation (EC) 765/2008 or where they have sufficient reason to believe that a construction product covered by a harmonised standard or for which a European Technical Assessment has been issued does not achieve the declared performance and presents a risk for the fulfilment of the basic requirements for construction works covered by this Regulation, they shall carry out an evaluation in relation to the product concerned covering the respective requirements laid down by this Regulation. The relevant economic operators shall cooperate as necessary with the market surveillance authorities.|
- The activities of market surveillance authorities have been enhanced as has their administration system and their harmonisation across national boundaries. Control of products entering the EU market have similarly been increased.