The new EU Market Surveillance Regulation 2019/1020 came into force on July 16, 2021. It replaces the market surveillance regulations under Regulation (EC) 765/2008.
The new regulation is intended to harmonize and strengthen market surveillance in Europe. Amongst some of the main elements in focus are: Customs authorities to monitor and ensure that only market-compliant products enter the EU, more stringent accountability of the responsible economic operators and the inclusion of the fulfilment service-provider as an economic operator, and who in turn may also be inspected by the market surveillance authorities.
Numerous products may only be placed on the EU-market if there is a responsible economic operator established in the EU for them. This product responsible entity has to be indicated, for example on the product, the packaging or in an accompanying document.
The new Market Surveillance Regulation enables better monitoring of online shops, as well. Offering a product online to end users in a Member State already counts as making such a product available on the EU market, which in turn enables the monitoring control by the market surveillance authority.