TRADE COMPLIANCE EUROPEAN UNION

On 5 March 2021, the European Commission published guidelines on the practical implementation of Article 4 of Regulation (EU) 2019/1020 (“Market Surveillance Regulation“). From 16 July 2021, Article 4 will prevent distance sellers based outside of the EU from selling certain types of CE marked products (including toys, electrical goods and PPE) to customers in the EU where there is no EU-based economic operator responsible for compliance. This is of particular relevance to sellers using online marketplaces to sell third party products to customers in the EU, who will not be able to appoint an EU-based economic operator themselves. It also has significant implications for EU-based fulfilment service providers, who will qualify as the responsible economic operator in the absence of anyone else meeting the criteria. The guidelines provide welcome further clarity on the Article 4 requirements.

The Article 4 requirements apply to certain types of CE marked products including those falling within the scope of the following regimes: toys, electrical and electronic equipment, radio equipment, energy-related products, gas appliances, construction products, machinery, outdoor equipment, equipment for use in potentially explosive atmospheres, pressure equipment, simple pressure vessels, pyrotechnic articles, recreational craft, measuring instruments, non-automatic weighing instruments, personal protective equipment and unmanned aircraft systems (drones).

The following entities can act as the economic operator for the purposes of satisfying the requirements under Article 4 provided that they are established in the EU:

a. the manufacturer,
b. importer,
c. authorized representative (appointed by the non-EU manufacturer), or6/
d. fulfilment service provider, where none of (a), (b) or (c) is established in the EU (notably this does not include postal services or parcel delivery services).

NH Trade & Compliance has ample experience with importing a large variety of goods into the European Union for a multitude of clients from all over the world. NH Trade & Compliance can work as your AR Authorized Representative in the EU.

If you want to sell certain products in EU countries which were manufactured outside the EU, you must have an authorized representative in the EU (an EU Rep) to support the import process. This includes helping you understand the requirements of your destination market, reviewing product compliance and labelling, holding your technical documentation and declarations of conformity, and cooperating with authorities on your behalf. As a leading service provider in the industry for the EU, NH Trade & Compliance keeps up with the current state of regulations and can help you keep up, too.

For individuals and companies who are using Amazon, eBay or their own online stores to sell in the EU products that are manufactured outside the EU, it is important that they too have an EU Authorized Representative to help them import their goods into the region.

NH Trade & Compliance Authorized Representative services are operated by our Dutch entity. Our Authorized Representative Service will:

• Provide an EU contact address for the product, packaging, and documentation.
• Confirm that you have completed required assessments, certifications and registrations.
• Review your technical documentation to make sure it meets requirements.
• Verify that product labeling (CE marking) and traceability references are correct.
• Hold technical documentation and declaration of conformity on your behalf as required.
• Work with surveillance authorities on your behalf, providing documentation on request and reporting compliance incidents to you.

You maintain your responsibilities as a manufacturer under EU regulations. The following steps are required to make the Authorized Representative arrangement effective and efficient:

• Provide NH Trade & Compliance with a written mandate that states the tasks and responsibilities that the Authorized Representative is authorized to perform on your behalf.
• Agree to release NH Trade & Compliance from any liability and consequential claims and damages related to the product.
• Provide technical documentation to NH Trade & Compliance for review and for providing to competent authorities.
• Ensure compliance is maintained during production. Notify NH Trade & Compliance of compliance, quality and safety incidents.
• Cooperate timely with requests from NH Trade & Compliance and relevant authorities.

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Please describe in detail the service you want to apply for. We are here to support you!

You can place an inquiry through info@nh-tradecompliance.com to receive an initial consultation.