There have been a number of changes affecting British businesses over the last 10 months caused as a result of Brexit. Pursuant to the new Market Surveillance Regulation (EU) 2019/1020 a new law was introduced that British businesses must now appoint an EU responsible person. This comes into effect from July 16th 2021 for goods imported into the EU.
The new regulation applies to all CE marked products except medical devices, explosives for civil uses, and certain lifts and cableway installation.
What is the CE Mark?
A CE mark is given to products by the manufacturer and is a self-certification. This certification ensures products meet health, safety and environmental protection standards for the European Economic Area (EEA). The EU legislation requires that the manufacturer of a CE marked product issues an EU Declaration of Conformity for the product and draws up technical documentation.
Not all items require the CE mark, some examples of products that require the mark include toys, electronics, personal protective equipment, machinery, construction products, gas appliances, recreational and personal watercraft, pressure vessels, and measuring equipment.
Do i need to appoint an EU Responsible Person?
From July 16th 2021 any product manufactured outside the EU will require you to appoint an EU responsible person. It will become illegal to sell without one and your CE-marked products are required to be labelled with the contact information of the Responsible Person. This labelling can be done on the product, its packaging, the parcel, or an accompanying document.
Who can be an EU Responsible Person?
An EU Responsible Person can be any of the following:
- The manufacturer or brand, if established in the EU.
- An importer established in the EU.
- An authorized representative established in the EU, who is appointed in writing as the Responsible Person by the manufacturer or brand.
- A fulfillment service provider established in the EU
What does the Responsible Person have to do?
The Responsible Person is required to do the following:
- Collect the product’s EU Declaration of Conformity (or Declaration of Performance) and ensure that additional documents demonstrating EU conformity of the product can be made available from the manufacturer or brand owner upon request in a language understood by an authority;
- In some cases, inform authorities of any risk posed by the product; and
- Cooperate with market surveillance authorities, including ensuring that the manufacturer or brand owner takes necessary corrective actions to remedy any non-compliance of the product.
In addition, the contact information of the Responsible Person is required to be displayed on the product or on its packaging, the parcel, or an accompanying document.
If you are an FBA seller then Amazon do provide a paid service were they can act as an EU responsible person on your behalf but ensure to check your obligations before making your shipments to the EU