BVAA Hot Spot Introduction of 2019/1020 Market Surveillance Directive

What is it?

The European Union is introducing a new directive on Market Surveillance and Compliance of Products (2019/1020) from 16-7-21. This regulation replaces the market surveillance provisions in the Regulation and Accreditation Market Surveillance 765/2008 (RAMS). The accreditation and marking provisions continue to apply.

This is an EU regulation and there are currently no plans to adopt it in Great Britain where the existing RAMS regulation will be retained. However, for as long as the Northern Ireland Protocol is in place, EU rules on goods will also apply in Northern Ireland.

To place certain products, including those falling under the PED, ATEX, EMC and LV Directives, on the EU market, there must be an economic operator established in the EU responsible for certain compliance tasks. This will also apply to products placed on the NI market, although the responsible economic operator can be based in NI which will be sufficient for placing products on NI and EU markets. The complete 2019/1020 directive is available online for review. The UK government intends to publish more detailed guidance but this is not yet available.

Why is it Important?

This Hot Spot is issued as a reminder to members to take action to comply with the directive for any applicable direct sales that they may make into the EU or NI from 6-7-21. Previously issued BVAA Brexit Guidelines on the PED (BV002329) referred to 2019/1020 and provides further details.

The directive requires that an Economic Operator must be present in the EU or NI for all applicable goods supplied into these markets. If a member is based in GB, selling directly without the use of an importer into these markets, they are required to appoint an Authorised Representative to fulfil the tasks detailed in Article 4 of the directive. The Authorised Representative must be based in the EU or NI and must have a written mandate from the manufacturer.

The name and contact details of the responsible Economic Operator must be indicated on the product or its packaging, the parcel or an accompanying document.

Continuous Improvement

Did we miss anything?

Hot Spots are intended to alert members and provide a brief overview of new standards, activities or procedures that are being introduced in the industry.

If there is key information missing that would be helpful, please let us know so that we can improve our future service.

Please note: this Hotspot is for information purposes only. We invite comments from BVAA members only. Please also note that at time of publication ballots may be closed. For more information please contact the Secretariat: enquiry@bvaa.org.uk

Published: 28th May 2021