Brexit: UK Based Direct to EU Consumer E-tail
May. 11 2021
From the 16th July 2021, Regulations 1020/2019 will apply.
The development of e-commerce poses certain challenges for market surveillance authorities with regard to the effective enforcement of European Union harmonisation legislation. Regulation 1020/2019 was put in place to address some of the concerns.
This Regulation builds on the framework for controls on products entering the Union market, not just from UK and applies to products that are subject to the EU harmonisation legislation listed in Annex I of the Regulations. It explicitly requires that a responsible economic operator is named, in accordance with named regulations. This will normally be either a manufacturer or importer. 1020/2019 does not apply to “old approach regulations” such as REACH or GPSD and it does not apply to Cosmetic Products (The regulation for which already requires a Responsible Person).
1020/2019 also adds a new economic operator: “a fulfilment service provider.” These so called fulfilment houses store goods in the EU without technically placing them on the market, sometimes with no business responsible placing these products on the market. 1020/2019 effectively ends this practice – unless there is an EU based manufacturer or importer, the fulfilment service provider takes responsibility.
Products covered by other legislation still need to name a producer, a requirement of the General Product Safety Directive (GPSD). Since the GPSD is a “catch all” requirement, it applies to all consumer products without specific safety regulations, like footwear, apparel, homewares, etc.
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