The EU Regulation 2019/1020 (Market Surveillance Regulation) of 16 July 2021 ensures that you sell safe products compliant with the applicable EU legislation.
What is the new market surveillance regulation about?
As stated on the official website of the European Commission, “Market surveillance ensures that non-food products on the EU market do not endanger European consumers and workers. It also ensures the protection of other public interests such as the environment, security, and fairness in trade. It includes actions such as product withdrawals, recalls, and the application of sanctions to stop the circulation of non-compliant products and/or bring them into compliance.”
The purpose of the new regulation is:
- To ensure that your products are compliant with applicable EU legislation, requirements relating to health and safety and requirements for protection of consumers, the environment, public security, and any other public interests.
- To make it easier for responsible authorities to get information or documents confirming the products' compliance with the applicable EU legislation.
Requirements for you as the merchant selling to the EU
- You shall ensure that all the products you sell to the EU have all mandatory documents required by the applicable EU regulation, such as declarations of conformity, testing reports, etc.
- You shall have an authorized representative (i.e., a natural or legal person established in the EU who has received a written mandate from a manufacturer to act on its behalf in relation to specified tasks regarding the manufacturer's obligations under the relevant Union harmonization legislation or under the requirements of this Regulation). Both Joom and responsible authorities shall have the right to contact such authorized person for compliance with your product issues. To be able to act as your authorized representative, such person or entity shall be provided with the technical product documentation and shall be able to present it to Joom or responsible authorities upon a relevant request.
- You shall ensure that the name, registered trade name or registered trademark, and contact details, including the postal address, of your authorized representative, are indicated on the product or on its packaging, the parcel, or an accompanying document.
The products that are affected by the new regulation are those requiring CE certification according to the applicable EU legislation or other products listed in the regulation itself. For more information about CE certification, please refer to Official resource of the European Commission on the CE marking and The CE marking article.
Requirements for an authorized representative
According to the new regulation, an authorized representative:
- Shall be mandated by the manufacturer to perform the above-mentioned actions as well as fulfill other obligations on your behalf provided by the Regulation. That means that if you are not the brand owner, importer, or manufacturer of the products subject to CE certification or covered by the Regulation, you may need to obtain written authorization from the manufacturer or another person (such as your supplier) duly authorized by the manufacturer.
- Shall be able to perform tasks specified in the mandate from you. In particular, they shall provide a copy of the mandate and any mandatory documents for the products you sell on the platform to EU-based customers to responsible authorities upon their request in a language determined by such authorities. Any information that will be provided by the authorized representative to the authorities shall be true, valid, up-to-date, and full, while your authorized representative shall be aware of the consequences for the provision of non-correct, false or not full information.
- Shall be aware of the applicable legislation, your obligations under such legislation, and shall be able to provide adequate responses to authorities.
The list above is non-exhaustive, and we recommend you refer to the regulation itself to be aware of the full list of obligations of your authorized representative.
In case you are not the manufacturer of the product (i.e., the product is not made under your name or a trademark), you shall ensure that the manufacturer has appointed an authorized representative for the products you sell. In case the manufacturer did not do that, you as a seller must find a way of getting the manufacturer to do this.
Who is responsible for compliance with the new rules?
The merchant is solely responsible for identifying products affected by the applicable rules and for appointing a responsible person or identifying such a responsible person appointed by the manufacturer.
In case we find out that any of your products offered on Joom are non-compliant with the new regulation or with any applicable EU legislation, we will immediately remove your product from the platform and may take any other measures we find appropriate.
- Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019 on market surveillance and compliance of products and amending Directive 2004/42/EC and Regulations (EC) No 765/2008 and (EU) No 305/2011
- Information about the Single Market and Standards in the EU
Nothing stated above constitutes legal advice and should not be relied upon as such. This article is provided for information purposes only and may be updated by Joom from time to time.
In case you need assistance and have questions as to how you shall properly adjust your business to be compliant with the rules referred to above, please contact your legal advisors.
What if I don't have EAR?
According to the law, a merchant based outside the EU cannot sell anything in the EU unless they have an authorized representative.
What product categories require an EAR?
Regardless of the product categories, all merchants who sell products within the European Union and are located outside the EU are required to obtain their EAR.
Should there be one EAR for each category?
Each merchant based outside the EU requires one EAR, regardless of the number of categories.
Can I disable European countries if I would rather not provide EAR?
Yes, European countries can be disabled.
Is there a company that offers help with EAR?
Yes. Please refer to this list. You can also search for a provider on the Internet to find one by yourself.
Are EAR and CE marking similar?
No, these are two separate things:
- CE marking is a label, certification, or testing regime that ensures a product complies with safety and compliance requirements.
- An authorized representative is a person or business located within the EU that acts as a legal representative outside the EU.
What does “I’m aware that if I disagree with the blocking of any one of my products, I must refrain from immediately re-uploading the product and agree to notify Joom of my objection” mean?
This means that if a product is removed due to safety concerns, merchants cannot re-upload it without notifying Joom first. Re-upload without notification could lead to account deactivation.
When will Joom begin disabling accounts that are not compliant with EU legislation?
Starting from 2024.
What is the deadline for filling out the questionnaire?
There is no strict deadline, but we kindly encourage merchants to fill it out as soon as possible.