What's new in the regulation: the authorised representative
For whom?
This new regulation will affect all companies selling CE marked products manufactured outside the European Union. As Brexit's transition period is over, this includes products made in the UK, but also e-commerce and e-business companies, such as Amazon.
Resellers of CE-marked products must therefore check with their suppliers that the necessary actions for the designated agent have been taken.
When?
From 16th July 2021, the new regulation 2019/1020/EU (Market Surveillance and Product Conformity) will come into force. After this date, products with the CE marking will not be allowed to be sold in Europe without an authorised representative based in the EU.
Please note that medical devices, cableway installations, explosives for civil use, kettles and lifts are not affected by this new rule.
Who to choose?
An authorised representative in the EU can be:
- The manufacturer or the brand
- The importer
- An authorised representative designated as the authorised representative by the manufacturer
This person must be established in the European Union.
What are the obligations?
Before 16th July 2021, the companies concerned must ensure that their CE-marked products still meet quality and safety standards and that they carry the contact details of the authorised representative. This labelling may be done on the product, its packaging or an accompanying document.
They will have to collect the declaration of compliance and make sure that additional documents are available upon request from the authorities. It will also, in certain cases, alert the authorities to the risks posed by the products, cooperate with the authorities in market surveillance, and ensure that the manufacturer takes the necessary actions to remedy the non-compliance of the product.
After the deadline, it will be illegal to sell CE marked products in the EU without a designated representative established in the area and without an appropriate label.
CE marking: a guarantee of European quality
The CE marking was created within the framework of the European technical harmonisation legislation. By affixing the CE mark to its products, a manufacturer declares that the products comply with European legal standards and can be sold in the European Union. He takes on the responsibility to for complying with all European health, safety, performance and environmental protection requirements that apply to his product.
"CE" stands for "European conformity". It is therefore not a certification mark or an indication of the geographical origin of the product.
The CE marking must be visible, legible and indelible. There are many categories of products that can have the CE mark: they can be machines, toys or televisions.
The absence of marking or "false marking" can be punished by administrative and penal proceedings.
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