Regulation (EU) 2019/1020 on Market Surveillance and Compliance of Products

Regulation (EU) 2019/1020 on Market Surveillance and Compliance of Products

And amending Directive 2004/42/EC and Regulations (EC) No 765/2008 and (EU) No 305/2011

THE REGULATION

Regulation 2019/1020 on market surveillance and compliance of products will become fully applicable on July 16, 2021[1]. The regulation covers market surveillance of non-food products (‘’industrial products’’) whose placement on the internal market is subject to Union harmonizing acts. It lays out many novelties, such as:

  • Requires manufacturers to designate an Authorized Representative within the Union to facilitate contacts with market surveillance authorities;
  • Defines the ways competent authorities should cooperate;
  • Sets out Member States' obligations regarding the organization of market surveillance within their territory;
  • Provides a set of powers for market surveillance authorities, such as:
    - The power to access data and documents;
    - Carry out on-site inspections;
    - Make test purchases;
    - Carry out mystery shopping;
    - Withdraw products and destroy them, impose penalties and order the recovery of profits.
  • Introduces the possibility of designating Union testing facilities;
  • Sets the procedure for mutual assistance, in form of requests for information and requests for enforcement measures, and enables the use of evidence obtained in one Member State to be used in another one;
  • Strengthens the provisions for customs controls on products entering the Union market;
  • Establishes a Union Product Compliance Network within the Commission in order to coordinate enforcement tasks in Member States.

The aim of the Regulation is to oblige companies not established in the EU to appoint an economic operator within the EU, who will have far-reaching obligations to remedy non-compliance.


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[1] N.B. Articles 29, 30, 31, 32, 33 and 36 shall apply from 1 January 2021