Selling online to consumers in the EU

‘Manufacturer’ means any natural or legal person who manufactures a product or has a product designed or manufactured and markets that product under its own name or trademark.

An ‘authorised representative’ means any natural or legal person established within the European Union who has received a written mandate from a manufacturer to act on its behalf in relation to specified tasks with regard to the manufacturer’s obligations.

(Please note that some EU harmonisation legislation like for instance the Medical Device Regulation obliges the designation of an authorised representative if the manufacturer is situated outside the EU.)

‘Importer’ means any natural or legal person established within the European Union who places a product from a third country such as China on the union market.

A ‘fulfilment service provider’ which means any natural or legal person stores, packages, addresses and dispatches products for a manufacturer without actually owning the product.

The EU rules covering market surveillance changed in 2021. Although the rules have a wider implication, they will particularly affect those who sell their products online. It’s important to realise that the key product safety rules remain unchanged by this law.

This new regulation adds the requirement for CE-marked products to have someone present in the European Union acting as the point of contact for product compliance in other words, a responsible person (called economic operator in the law).

Many manufacturers may already have such a person, for example an EU subsidiary of the company or an importer. They could take on that role. Alternatively, if the manufacturer uses a testing laboratory or certification company – they may be offering such services. If none of this is applicable to particular circumstances, the fulfilment house is the only other option.

No. A certificate of conformity only shows that a test laboratory has tested the product and verified that it complies with one or more directives.

To sell a product in the EU the manufacturer has to draw up and sign an EU declaration of conformity to show that he has taken all actions required by European legislation and that he resumes full responsibility for the product.