The European Parliament and Council approved a new EU regulation eu2019 / 1020 on June 20, 2019, which will come into effect on July 16, 2021.
After the implementation of the new regulation, all consumer goods entering the EU market (products covered by the 71 decrees listed in Annex 1 of the new regulation) need to have the economic operator within the EU (referred to as "economic operator" in the regulation) as the person in charge of commodity compliance. If there is no designated person in charge, it will be considered as non-compliance, and the goods will not enter the EU market normally.
As traditional trade generally involves EU importers, it is relatively easy to find qualified economic operators in the EU as authorized representatives, so the implementation of the new regulations will have a greater impact on cross-border e-commerce export enterprises.
In recent years, the quality and safety notification of cross-border e-commerce channel entry products in the EU market is on the rise. Compared with the traditional trade, the traceability and accountability of their products have become the difficulties for the market regulatory authorities. The EU intends to ensure that the EU government regulatory agencies can supervise and accountability all products through the new law.
According to the requirements of the new regulations, the European Union has many requirements on the qualification, responsibility and obligation of economic operators. If there are major safety problems in products, the economic operators of the European Union also need to bear the corresponding legal responsibility.
In order to help European enterprises better understand the requirements of the new regulations, so as to avoid the risk of products being detained or returned after the implementation of the new regulations, let's answer some questions that we are more concerned about
▎ what is an economic operator?
Economic operator is a broad term used to describe all business entities (from individuals to multinational corporations) participating in the product supply chain.
It can be a manufacturer, importer, distributor or authorized representative, and each entity has a specific responsibility for the products it provides.
When the products are put on the EU market, the economic operators who are engaged in this work bear the ultimate responsibility for the safety and compliance of the products.
Since market regulation is carried out with reference to technical documents and products, there must be an economic operator in the EU who holds the documents in order to provide them to the management department when necessary.
In addition, when it is found that the product is unsafe and needs to be recalled, the relevant economic operators should also be responsible for such matters.
For example, in the cross-border trade between China and the EU, manufacturers and distributors are in China, while consumers and EU market regulators, which check product safety, are in the EU. For objective reasons, EU regulators can only exercise power over enterprises within the EU. If there is a problem with products exported from China to the EU, It is difficult for EU regulators to get in touch with Chinese manufacturers directly.
Therefore, the new regulation requires that from July 16, 2021, in order to sell products in the EU market, there must be an economic operator in the EU, so that the EU authorities can contact consumers.
▎ do economic operators have to exist in the EU?
The current EU regulations generally define the EU economic operators as manufacturers, importers or distributors and other business organizations.
After the implementation of the new regulation, enterprises outside the EU must have an economic operator who actually exists in the EU. The economic operator must have an office in the EU Member States, not only a contact mailbox, but also an ordinary citizen. The economic operator must be a legal person, that is, an enterprise. The new regulation lists the product categories that need economic operators in the annex, In short, these requirements basically cover all common consumer goods, and are mandatory for all products requiring CE certification, such as toys and electronic products.
▎ how to authorize economic operators, and what responsibilities and obligations should they undertake?
The economic operators of the EU can be traditional importers of products to EU consumers or overseas warehouses.
In this case, the EU consumers buy products from the website, and the sellers send the products to the EU consumers through the overseas warehouse instead of the traditional importers. The Chinese manufacturers can also entrust the "authorized representative" in the EU to act on their behalf.
EU has set strict requirements and obligations for authorized representatives.
First, the manufacturer must authorize its representative by a written power of attorney signed by both parties. If the EU authorities contact the authorized representative, the power of attorney must allow him to speak on behalf of the manufacturer.
It should be noted that only the manufacturer can issue such a power of attorney to the authorized representative, and the distributor can not authorize. EU regulations also require EU Member States to formulate punishment regulations for non-compliance with relevant legal obligations. Therefore, in case of problems, the authorized representative needs to bear the legal consequences.
The economic operator is an entity that can be investigated for legal and economic responsibilities by the EU authorities. When problems are found, someone in the entity must be contacted at the first time and be present in person. If the product is considered unsafe or does not fully meet the requirements of regulatory standards, he must bear the consequences for all injuries and losses.
Four tasks of economic operators:
First, economic operators must verify that compliance statements and technical documents have been drafted and that compliance statements must be kept for at least 10 years.
Second, during this 10-year period, if required by EU market regulators, economic operators must provide such information to relevant institutions within 10 days.
Third, if economic operators are convinced that their products are unsafe, they must take the initiative to contact market regulators.
Fourth, economic operators must cooperate with market regulators or take actions on their own to remove unsafe products or reduce the risks caused by unsafe products on the market.
▎ after the implementation of the new regulations, if there is no economic operator as a representative in the EU, can products be sold in the EU?
This does not meet the requirements of the new regulations.
In the EU, you can't deal directly with individual consumers unless someone in the EU is responsible for the products you sell. The EU regulations on economic operators are intended to fill the loopholes in cross-border trade and create a level playing field for all enterprises that want to do business with EU consumers. If they want to get a share of the EU market, they should be able to create a level playing field, All businesses must comply with the same rules, the new EU rules that come into effect on July 16.
▎ how to mark the contact information of EU representatives (economic operators)? How to distinguish it from the manufacturer's information beside the CE mark?
The contact information of the EU representative should be marked on the product, product package, package or attached document.
To distinguish the information of the manufacturer from that of the EU representative, "manufacturer" and "EU representative" can be added before the corresponding contact information.
▎ where can I find the original text of the new regulation and other regulations on products sold in the EU market?
Link to eu2019 / 1020
In addition, other required regulatory information can be found on the following website of the European Commission:
At present, it is less than 15 days before the formal implementation of the regulations. Xiaobian once again reminds the enterprises exporting to Europe that if they want to export to the EU smoothly after the new regulations come into effect, they must make relevant preparations in advance.
Please forward well-known, remind the foreign trade people around friends~
Contact number of euroloan: 18063513951