eBay: Selling CE-marked products to EU buyers requires a designated EU Economic Operator

On April 14, eBay China’s official website released an announcement that “sales of CE-marked products to EU buyers require a designated EU Economic Operator.”

The announcement stated that the EU’s new regulations to strengthen product compliance will affect Chinese sellers selling products to the EU. The EU Market Surveillance Regulation and Practical Implementation Guidelines have established a legal framework for customs and regulators to enforce EU product compliance requirements, including the CE symbol, which is a manufacturer’s proof that the product complies with EU laws and safety standards.

Starting from July 16, 2021, when products with the CE mark are sold into the EU, they will need to have an "Economic Operator" in the EU.

An Economic Operator is a manufacturer’s authorized representative within the EU who can handle agreed matters for the manufacturer, especially market supervision matters.

The regulation on market surveillance and compliance of products was published on June 25, 2019, and the regulations will be enforced on July 16, 2021. It applies to products subject to EU harmonized regulations. Its purpose is to improve market surveillance and compliance with product regulations. Suppliers of non-EU suppliers must have an Economic Operator in the EU.

The Economic Operator is responsible for cooperating with local EU governments to provide relevant technical information on products or take certain actions on products. The Economic Operator can be a manufacturer, an authorized representative of an importer, or a logistics service provider.

Most larger brands of CE marked products will have an Economic Operator in the EU. Sellers need to make sure that the name and contact details of the EU Economic Operator are listed on the product or product packaging . If the product sold to the EU does not include this information, the goods may be stopped at customs or cannot be delivered to the buyer.

The responsibilities that the Economic Operator needs to assume include: 1. Ensuring the availability of compliance documents; 2. Cooperating with market surveillance authorities; 3. Authorized representatives with written authorization from the manufacturer, authorizing them to act on behalf of the manufacturer; 4. If there are no other economic operators in the EU, the fulfillment service provider (FSP) established in the EU should indicate the Economic Operator's information on the product or its packaging, parcel or accompanying documents.

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