Market Surveillance Regulation: Ensure compliance now and reap the benefits

It is precisely for this reason that we are already informing you today about the new EU regulation on market surveillance and compliance of products (Market Surveillance Regulation) promulgated in the Official Journal of the European Union on 25 June 2019.

From take-e-way’s perspective, the Market Surveillance Regulation is one of the EU’s key measures to stop unlawful competition. In cooperation with you and the VERE Association, we have been committed to effective market surveillance and enforcement of the applicable legislation from the very beginning.

The Market Surveillance Regulation in a nutshell

The new regulation defines uniform rules on conformity and market surveillance for products throughout the EU. Its objective is to reduce distortions of competition and foster product safety to improve the functioning of the internal market. In particular, the Market Surveillance Regulation refers to the changed conditions and challenges of global e-commerce and online trading: joint market surveillance measures should not only be promoted within the EU member states. Not only does the new regulation provide for cooperation with third countries and international organisations; it also embraces product-related checks before export from third countries. The Market Surveillance Regulation clearly specifies that products in the EU may only be made available on the market if there is a responsible economic player (e.g. an authorised representative) based in the EU. It is also noteworthy that the term “placing on the market” has been redefined. For instance, a product available online is already deemed to have been placed on the market if an offer is made to an end-user domiciled within an EU member state. A novel feature is that the role of marketplaces and fulfilment service providers will also be taken into account.

Obligations under the Market Surveillance Regulation
Fulfilment service providers, but also manufacturers, their authorised representatives or importers are collectively referred to as responsible economic players. If no manufacturer, authorised representative or importer exists within the EU, then the marketplace operators or fulfilment service providers are responsible.

Exactly the same obligations apply to all economic players (excerpt):

• Obligation to verify that a declaration of conformity / performance has been drawn up
• Immediate availability of the declaration of conformity / performance to the market surveillance authorities
• Any technical documentation must be made available to these authorities
• Mandatory disclosures if a product entails a risk
• In addition, clear and unambiguous labelling obligations apply to certain products

How you stand to benefit from the Market Surveillance Regulation

The new Market Surveillance Regulation will take effect on 16 July 2021 and will facilitate the exercise of comprehensive cross-border powers and mutual exchange of information between market surveillance authorities. End users will likewise play a role in informing the relevant authorities. We therefore advise you to make preparations now and to close any conformity gaps in order to gain an advantage over non-compliant competitors when the Market Surveillance Regulation officially enters into force. This will allow you to benefit from the extensive possibilities of the law enforcement authorities rather than having to fear them. It can also safely be assumed that distributors, fulfilment service providers and marketplaces will already carry out stricter controls before the regulation takes effect so as not to experience any difficulties with the market surveillance authorities themselves. Please note: All provisions of the new regulation already apply today; the new Market Surveillance Regulation merely provides new, stricter scope for action.

take-e-way will assist you

Benefit right now from free consultation with your take-e-way advisor to identify conformity gaps in your product portfolio and to obtain information on the consequences and opportunities for your business. In cooperation with its affiliate, TMK Retail Service & Consulting GmbH, take-e-way provides you with comprehensive services (various tests, provision of an authorised representative, preparation of the declaration of conformity, etc.) in order to comply with the requirements of the Market Surveillance Regulation in good time before 16 July 2021.

Please call the take-e-way team via +49/40/750687-0 or send an e-mail to service@take-e-way.com quoting the keyword “market surveillance”. We will keep you informed in the coming months about further details and solutions regarding the Market Surveillance Regulation as they unfold.