On 20th June 2019, the European Parliament and the Council adopted the new Regulation (EU) 2019/1020 on Market Surveillance and Compliance of Products (Official Journal L 169 from 25.6.2019, p. 1). This regulation amends Directive 2004/42/EC on the limitation of emissions of volatile organic compounds due to the use of organic solvents in certain paints and varnishes and vehicle refinishing products, Regulation (EC) No. 765/2008 on market surveillance and accreditation and the Construction Product Regulation 305/2011.
This regulation applies to such products as are governed by the harmonisation legislation described in Annex I. This also applies when this legislation contains no specific provisions regarding market surveillance. Articles 25 to 28 apply in cases where Union laws contain no specific provisions for product monitoring.
Existing economic operators - manufacturer, authorised representative, importer and dealer - were joined by a new one: the so-called fulfilment service provider. Notwithstanding any obligations set out in applicable harmonisation legislation, the tasks of economic operators are laid down in Article 4. For this purpose the tasks for the manufacturer, the authorised representative, the importer or the fulfilment service provider are regulated as laid down in Art. 4 Para. 3.
This Art. 4 applies solely to products that fall under the harmonisation provisions listed in Art. 5 Para. 5. These include the Machinery, Toy, RoHS, ERP, EMC, Low Voltage, Pressure Equipment, ATEX and Radio Equipment Directives as well as the Construction Product Regulation.
In accordance with Art. 39, the provisions regarding market surveillance were deleted from Regulation (EC) 765/2008, with the result that this regulation now only relates to accreditation. This new regulation is to be applied by member states from 16th July 2021. However, Articles 29, 30, 31, 32, 33 and 36 will already apply from 1st January 2021.
Any questions about what exactly this new regulation means for you and your products? Then feel free to contact us - our experts are always glad to help!