With the “New Legislative Framework,” the European Commission has enacted overarching regulations that, among other things, govern the product-related obligations of economic operators in the EU. This establishes a uniform framework with general principles and model provisions for the marketing of safe products in the European single market. The European Market Surveillance Regulation (EU) 2019/1020 comprehensively defines the terminology and requirements for market surveillance with regard to economic operators.
Economic operators are defined as manufacturers, authorized representatives, importers, distributors, fulfillment service providers, or any other natural or legal person subject to obligations related to the manufacture of products, their making available on the market, or their putting into service in accordance with the relevant Union harmonization legislation. Products placed on the market in the EU must comply with the relevant applicable Community legislation, and economic operators are responsible for ensuring that products comply with the relevant EU directives and EU regulations on product safety. Depending on the role each economic operator plays in the supply chain, there are different, tiered obligations. This is intended to ensure a high level of protection for public health and safety, as well as for consumers and the environment, and to guarantee fair competition in the Union market.
All economic operators are expected to act responsibly and in full compliance with applicable legal requirements when placing products on the market or making them available on the market. Since certain tasks can only be performed by the manufacturer, a clear distinction must be made between the manufacturer and the actors further down the distribution chain. This is because only the manufacturer knows the design and manufacturing process in every detail and is therefore best suited to carry out the entire conformity assessment procedure. Furthermore, a distinction must be made between importers and distributors, as importers bring products from third countries into the EU market. The importer must ensure that these products comply with the requirements applicable in the EU. However, fulfillment service providers also have certain obligations and must, among other things, cooperate with market surveillance authorities. This fact sheet explains the basic terms and summarizes the overarching obligations of manufacturers, authorized representatives, importers, distributors, and fulfillment service providers with regard to placing safe and legally compliant products on the market or making them available. It also addresses aspects of liability.
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These information sheets were compiled with great care. Nevertheless, no guarantee can be given as to the accuracy and completeness of the content.
