Sustainovadirectory

Market Surveillance Regulation

In ForceRegulation

Introduction

Regulation (EU) 2019/1020, commonly known as the Market Surveillance Regulation, establishes a strengthened and uniform framework for market surveillance and the enforcement of product compliance rules across the European Union. It aims to improve the functioning of the single market by ensuring that only compliant products, which meet high standards for public interests like health, safety, consumer protection, and environmental protection, are made available to EU consumers.

The regulation modernizes the rules previously set out in Regulation (EC) No 765/2008, particularly concerning market surveillance. It addresses the challenges posed by the growth of e-commerce by explicitly including products sold online and defining the responsibilities of various economic operators, including fulfilment service providers.

Main Goal

The primary objective is to create a more robust, consistent, and effective system for monitoring products on the EU market. This involves strengthening controls on products, both those manufactured within the EU and those imported from third countries, to prevent non-compliant and dangerous products from reaching end-users. It also aims to ensure a level playing field for businesses by enforcing compliance uniformly across all Member States.

Who It Applies To

The regulation applies to economic operators involved in the supply and distribution chain of products covered by the EU harmonisation legislation listed in Annex I. The key actors include:

  • Manufacturers
  • Authorised Representatives
  • Importers
  • Distributors
  • Fulfilment service providers

Crucially, Article 4 mandates that for a wide range of products, there must be an economic operator established within the EU to act as a responsible party. This is particularly relevant for products sold online directly from non-EU countries to EU consumers.

Key Provisions

  • EU-Based Responsible Person (Article 4): For many product categories, a product can only be placed on the market if there is an EU-based manufacturer, importer, authorised representative, or fulfilment service provider responsible for compliance tasks.
  • Enhanced Powers for Authorities (Article 14): Market surveillance authorities are granted extensive powers, including the ability to carry out unannounced inspections, acquire samples (including under a cover identity), and require the removal of online content related to non-compliant products.
  • Controls on Imported Products (Chapter VII): The regulation establishes a framework for enhanced controls on products entering the Union market, strengthening cooperation between market surveillance authorities and customs.
  • Union Product Compliance Network (Article 29): A network is established to facilitate structured cooperation and coordination between the enforcement authorities of Member States and the Commission, ensuring a more streamlined and effective approach to market surveillance across the EU.
  • Distance Sales (Article 6): The regulation explicitly states that products offered for sale online or via other distance sales methods are considered 'made available on the market' if the offer targets end-users in the Union, bringing e-commerce firmly within its scope.

Obligations & Requirements

The economic operator based in the EU, as required by Article 4, has several key obligations:

  • Documentation: Verify that the EU declaration of conformity (or performance) and technical documentation have been drawn up and keep them available for authorities for the required period.
  • Cooperation: Cooperate with market surveillance authorities upon request, providing all necessary information and documentation to demonstrate a product's conformity.
  • Risk Notification: Inform authorities if they have reason to believe a product presents a risk.
  • Corrective Action: Take immediate and necessary corrective actions to remedy any non-compliance or mitigate risks, either on their own initiative or when required by an authority. This can include bringing the product into compliance, withdrawing it from the market, or recalling it from end-users.
  • Contact Information: Ensure their name, trade name/mark, and contact details are indicated on the product, its packaging, or an accompanying document.

Affected Products

The regulation applies to a wide range of products subject to the 70+ pieces of Union harmonisation legislation listed in Annex I. This includes, but is not limited to:

  • Toys
  • Electronics (RoHS, EMC, Radio Equipment)
  • Machinery
  • Personal Protective Equipment (PPE)
  • Construction products
  • Medical devices
  • Cosmetics
  • Chemicals (REACH, CLP)
  • Ecodesign and energy-related products
  • Aerosol dispensers
  • Motor vehicles and their parts

Penalties

According to Article 41, Member States are required to establish rules on penalties for infringements of the regulation. These penalties must be effective, proportionate, and dissuasive. The specific nature and level of the penalties are determined by national law in each Member State.

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Pillars

GovernanceSocialEnvironmental

Audience

BusinessStates

Applicable Area

EU

Categories

Legislation & frameworksRegulatory ComplianceRisk ManagementSupply Chain TransparencyProduct transparencyCustomer & Product ResponsibilitySustainable Supply & Value ChainESG - EnvironmentESG - SocialESG - Governance

Regulation (EU) 2019/1020

Timeline
  • Proposed
    Dec 19, 2017
  • Approved
    Jun 14, 2019
  • Adopted
    Jun 20, 2019
  • Published
    Jun 25, 2019
  • In Force
    Jul 15, 2019
  • In Application
    Jan 1, 2021
  • Last Updated
    Apr 29, 2026

Regulation (EU) 2019/1020 became applicable on 16 July 2021. From this date, all economic operators (manufacturers, importers, distributors, authorised representatives, and fulfilment service providers) dealing with products covered by the Union harmonisation legislation listed in Annex I must comply with all its provisions. There is no phased rollout based on company size or sector. A key requirement that became effective on this date is the obligation under Article 4, which mandates that for many product categories, there must be an economic operator established in the EU responsible for specific compliance tasks. This is particularly critical for non-EU businesses selling directly to consumers in the EU, for instance, via online platforms.

Documents & Attachments

Official Documents

Electromagnetic Compatibility Testing Facility Designation
Commission Implementing Decision (EU) 2025/526Mar 21, 2025
Implementing ActEnglishEU
Public Roads Non-Road Mobile Machinery Approval and Market Surveillance Regulation
Regulation (EU) 2025/14Dec 19, 2024
RegulationEnglishEU
Packaging and Packaging Waste Regulation
Regulation (EU) 2025/40Dec 19, 2024
RegulationEnglishEU
Cyber Resilience Act
Regulation (EU) 2024/2847Oct 23, 2024
RegulationEnglishEU
Customs Market Surveillance Electronic Interface Amendment
Commission Implementing Regulation (EU) 2024/2216Sep 6, 2024
Implementing ActEnglishEU
Eco-design and Energy Labelling Testing Facility Designation Decision
Commission Implementing Decision (EU) 2024/1456May 27, 2024
Implementing ActEnglishEU
Critical Raw Materials Regulation
Regulation (EU) 2024/1252Apr 11, 2024
RegulationEnglishEU
Customs Information for Market Surveillance Regulation
Commission Implementing Regulation (EU) 2023/2712Dec 5, 2023
Implementing ActEnglishEU
Circular Vehicles
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on circularity requirements for vehicle design and on management of end-of-life vehicles, amending Regulations (EU) 2018/858 and 2019/1020 and repealing Directives 2000/53/EC and 2005/64/ECJul 13, 2023
Proposal OfficialEnglishEU
Batteries and Waste Batteries Regulation
Regulation (EU) 2023/1542Jul 12, 2023
RegulationEnglishEU
RAPEX Management Guidelines
Commission Implementing Decision (EU) 2023/975May 15, 2023
Implementing ActEnglishEU
Detergents and Surfactants Regulation
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on detergents and surfactants, amending Regulation (EU) 2019/1020 and repealing Regulation (EC) No 648/2004Apr 28, 2023
Proposal OfficialEnglishEU
Union testing facilities for radio equipment and toys
Commission Implementing Decision (EU) 2023/733Apr 3, 2023
Implementing ActEnglishEU
Non-Road Mobile Machinery Public Roads Regulation
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the approval and market surveillance of non-road mobile machinery circulating on public roads and amending Regulation (EU) 2019/1020Mar 30, 2023
Proposal OfficialEnglishEU
Critical Raw Materials Regulation
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing a framework for ensuring a secure and sustainable supply of critical raw materials and amending Regulations (EU) 168/2013, (EU) 2018/858, 2018/1724 and (EU) 2019/1020Mar 16, 2023
Proposal OfficialEnglishEU
Packaging and Packaging Waste Regulation
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on packaging and packaging waste, amending Regulation (EU) 2019/1020 and Directive (EU) 2019/904, and repealing Directive 94/62/ECNov 30, 2022
Proposal OfficialEnglishEU
Cyber Resilience Act
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on horizontal cybersecurity requirements for products with digital elements and amending Regulation (EU) 2019/1020Sep 15, 2022
Proposal OfficialEnglishEU
Union Market Surveillance Testing Facilities Regulation
Commission Implementing Regulation (EU) 2022/1267Jul 20, 2022
Implementing ActEnglishEU
Construction Products Regulation
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL laying down harmonised conditions for the marketing of construction products, amending Regulation (EU) 2019/1020 and repealing Regulation (EU) 305/2011Mar 30, 2022
Proposal OfficialEnglishEU
Customs and Market Surveillance Electronic Interface Regulation
Commission Implementing Regulation (EU) 2021/2248Dec 16, 2021
Implementing ActEnglishEU
Market Surveillance Statistical Data Regulation
Commission Implementing Regulation (EU) 2021/1121Jul 8, 2021
Implementing ActEnglishEU
Batteries and Waste Batteries Regulation
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL concerning batteries and waste batteries, repealing Directive 2006/66/EC and amending Regulation (EU) No 2019/1020Dec 10, 2020
Proposal OfficialEnglishEU
Construction Products Regulation
Regulation (EU) No 305/2011Mar 9, 2011
RegulationEnglishEU
Accreditation and Market Surveillance Regulation
Regulation (EC) No 765/2008Jul 9, 2008
RegulationEnglishEU
VOC Paints and Varnishes
Directive 2004/42/CEApr 21, 2004
DirectiveEnglishEU

General Information Documents

P10_TA(2025)0301 – Protecting EU consumers against the practices of certain e-commerce platforms: the case of child-like sex dolls, weapons and other illegal products and material – European Parliament resolution of 26 November 2025 on protection of EU consumers against the practices of certain e-commerce platforms: the case of child-like sex dolls, weapons and other illegal products and materials (2025/2971(RSP))
Nov 26, 2025
Communication Non LegislativeEnglishEU
P10_TA(2025)0242 – A new legislative framework for products that is fit for the digital and sustainable transition – European Parliament resolution of 21 October 2025 on a new legislative framework for products that is fit for the digital and sustainable transition (2024/2119(INI))
Oct 21, 2025
Communication Non LegislativeEnglishEU
REPORT FROM THE COMMISSION on the implementation of Article 4 of Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019 on market surveillance and compliance of products and amending Directive 2004/42/EC and Regulations (EC) No 765/2008 and (EU) No 305/2011
Mar 3, 2025
InformationEnglishEU
European Parliament resolution of 16 February 2022 on the implementation of Directive 2009/48/EC of the European Parliament and of the Council on the safety of toys (Toy Safety Directive) (2021/2040(INI))
Feb 16, 2022
Communication Non LegislativeEnglishEU
Commission Notice Guidelines for economic operators and market surveillance authorities on the practical implementation of Article 4 of Regulation (EU) 2019/1020 on market surveillance and compliance of products (Text with EEA relevance) 2021/C 100/01
Mar 23, 2021
Communication Non LegislativeEnglishEU
European Parliament resolution of 10 March 2021 on the implementation of Regulation (EU) No 305/2011 laying down harmonised conditions for the marketing of construction products (the Construction Products Regulation) (2020/2028(INI))
Mar 10, 2021
Communication Non LegislativeEnglishEU
European Parliament resolution of 25 November 2020 Towards a more sustainable single market for business and consumers (2020/2021(INI))
Nov 25, 2020
Communication Non LegislativeEnglishEU
European Parliament resolution of 25 November 2020 on addressing product safety in the single market (2019/2190(INI))
Nov 25, 2020
Communication Non LegislativeEnglishEU
European Parliament resolution of 20 October 2020 with recommendations to the Commission on the Digital Services Act: Improving the functioning of the Single Market (2020/2018(INL))
Oct 20, 2020
Communication Non LegislativeEnglishEU

No supportive documents available.