According to the requirements of the new European Commodity Safety Regulation (EU) 2019 / 1020, as of 16 July 2021), most of the CE are in the EU (except US) since 2021 (local time). Asking goods with the CE logo to be labeled with "Odai" contact information, after July 16, the product has the CE logo, but can not provide "Odai", will be judged to constitute illegal behavior. The implementation of the new laws and regulations will have a great impact on cross-border e-commerce export enterprises. This article interprets the relevant contents of the new laws and regulations to provide reference for export enterprises. Marine terminal block，SCSI connector and jumper wires should be noted.
What is an "economic operator"?
A: is in cross-border trade, with manufacturers and dealers in China, while consumers are in the European Union. The EU market regulators examining product safety are as in the EU as consumers. For practical reasons, they can only exercise power over EU businesses. If exports from China to the EU go wrong, they cannot make contact with Chinese manufacturers. Therefore, the new EU market regulatory regulation EU2019/1020 requires that starting on 16 July 2021, if products want to be sold in the EU market, businesses outside the EU must have a representative in the EU, the economic operator, on the relevant market regulatory matters.
Must economic operators actually exist in the European Union?
A: is yes. As far as consumer goods are concerned, current EU rules roughly define EU economic operators as commercial organisations such as manufacturers, importers or distributors. This means that no economic operators within the EU are legally liable to EU consumers, if the product is sold directly from Chinese businesses to EU consumers.
The new rules will change the status quo, and starting from 16 July 2021, there must be an economic operator who actually exists in the European Union. The economic operator must have offices within the EU membership, must not be an ordinary citizen, and the economic operator must be a legal person, namely a business. EU regulations list in the annex product categories requiring economic operators, and in short, these requirements will apply to the sales of many common products.
Who can actually assume the role of an economic operator in the European Union for Chinese exporters?
A: economic operators of the EU can be traditional importers of selling products to EU consumers who may import goods from China or from other countries. EU economic operators can also be overseas warehouses, in which EU customers buy products from websites and sellers send the products to EU consumers, not through traditional importers. Chinese manufacturers can also entrust "authorized representatives" located in the EU to act on their behalf.
What is an overseas warehouse?
A: It is a commercial agency responsible for the storage, packaging, delivery filling and distribution of products for manufacturers or traders. Overseas warehouse itself does not own products, it is different from the importer of its own products.
In the absence of overseas warehouses, when EU consumers order products from Chinese manufacturers, it takes long transportation for traders if their products come far from China every time.
In the case of overseas warehouses, most trade chambers of commerce transport more batches of products to an EU overseas warehouse. When consumers buy products, the delivery of relevant products can be shipped from EU overseas warehouses and delivered to consumers in a short period of time, and most online markets adopt this distribution model.
What are the requirements for an authorized representative?
The EU regulations of A: set fairly strict requirements on authorised representatives and also impose many obligations on them. First, the manufacturer must authorize its representative through a written authorization signed by both parties, and if the EU authorities contact the authorized representative, it must allow the authorized person to speak on behalf of the manufacturer. Only the manufacturer can issue such authorization to the authorized representative without the dealer. The EU regulation also requires the EU Member States to develop penalty regulations on non-compliance with their relevant legal obligations, so once something is wrong, the authorized representatives need to bear all the legal consequences.
Why does the EU have so much concern about the requirements of having an economic operator to represent manufacturers?
The most important reason for the A: is that this economic operator is an entity that can be held legally and economically accountable by the EU authorities. He must be present personally, and can be the first to be contacted. If the product is deemed unsafe or fully conforming to the requirements of the statutory standards, he must bear the consequences of all injuries and damages.
What obligations do EU regulations impose on economic operators who represent manufacturers?
A: EU regulations clearly describe the four tasks of economic operators. First, the economic operator must verify that the compliance statement and technical documents have been drafted, and that it must be kept for at least 10 years. Second, during this 10-year period, if the EU market regulators request it, economic operators must provide this information to the relevant agencies within less than 10 days. Third, if the economic operator is convinced that the product is unsafe, he must actively contact market regulators. Fourth, economic operators must cooperate with market regulators or take their own actions to remove unsafe products or reduce the risk caused by unsafe products on the market.
What if there is no economic operator in the EU and I am still trying to sell my products in the EU?
In A:, this does not comply with the new legal requirements. It is illegal to sell products directly to individual consumers in the EU without being on behalf of your economic operator.
The purpose of establishing the economic operators?
A: economic operators are filling the loopholes in cross-border trade and creating a fair playing environment for all businesses looking to do business with EU consumers, wherever the product comes from.
The Customs reminds the relevant enterprises
The EU has issued 25 technical directives (each for a specific product category) that bind all EU products with the CE logo except for medical devices, civil explosives and certain lift and ropeway devices. Such as toys, electronics, personal protective equipment, machinery, construction goods, gas equipment, recreational and private boats, pressure vessels, and measuring equipment. Relevant enterprises should pay timely attention to the product scope and check the applicable CE mark product scope in:
https://ec.europa.eu/growth/single-market/ce-marking/manufacturers_en.
Most products with the CE mark from 16 July 2021 may be detained or returned by the customs; the goods already entered the EU customs will be detained and destroyed because of no EU head information; the goods already in the market are at risk of being complained of.
Post time: Jul-15-2021