How can I comply with the upcoming EU product compliance regulation (effective July 2021)?

This FAQ was created for informational purposes only, and does not, nor is intended to, constitute or be construed as legal advice on any subject matter. Should you require assistance or have any questions concerning these regulations, your independent obligations/duties, or related to the subject matter or information in this FAQ, please reach out to EU legal counsel.

Starting July 16, 2021, a new European Union (EU) product compliance regulation called Market Surveillance Regulation (EU) 2019/1020 will take effect. This new regulation is focused on preventing, identifying, and remediating products that are likely to compromise the health or safety of users, and/or do not conform to applicable European Union and Northern Ireland (EU Market) laws.

Per this regulation, certain categories of products (including Toys, Electronics, Personal Protective Equipment, Cosmetics, Medical Devices, and generally all other CE marked products) shipped to or within the EU Market will need to meet the following requirements:

• Have an appointed EU Market-based Responsible Person for the product(s), who is a person or entity acting as a point of contact for product compliance purposes. This Responsible Person is also legally responsible for several compliance obligations when products are reported to have a particular concern by the EU or Northern Ireland regulatory authorities, though CE marking and other safety requirements typically remain the responsibility of the manufacturer, brand owner, importer, and/or distributor of the products in question. You will be legally required to have an EU Market-based Responsible Person for applicable products being sold to or within the EU Market starting July 16, 2021. 

• Have prepared technical product documentation ready to provide upon request by the EU or Northern Ireland regulatory authorities, including technical construction files, Declaration of Conformity, Declaration of Performance, and more.

• Meet a variety of labeling/packaging requirements. As legally required and applicable, the following will need to be affixed on or included within the packaging, the product, and/or accompanying documents: (a) the CE marking; (b) the appointed EU Market-based Responsible Person’s contact information; (c) instruction manuals; and so forth. Please consult an independent EU or Northern Ireland product or legal compliance professional if you have any questions regarding these preceding requirements and legal responsibilities/obligations.

To ensure compliance with these upcoming new regulations, Wish will require merchants selling applicable EU Market-bound products to provide the details of their appointed Responsible Person(s) to Wish by July 9, 2021 (see this guide for more information on how to do this). Please note that EU domiciled merchants are currently NOT required to provide details of their Responsible Person(s) to Wish. See below for more details related to these upcoming new regulations.

1. What is a Responsible Person?

A Responsible Person is a person or entity acting as a point of contact for product compliance purposes, who will be legally responsible for several compliance obligations when products are reported to have a specific concern, though CE marking and other safety requirements typically remain the responsibility of the manufacturer, brand owner, importer, and/or distributor of the products in question. To comply with the upcoming new regulations, the Responsible Person(s) must be located in the EU Market and have all required documentation. Merchants must ensure the following for each Responsible Person they appoint:

• Technical product documentation (including technical construction files, Declaration of Conformity, and Declaration of Performance) is available upon request in the requesting authority’s language.

• The Responsible Person's name/trademark and contact details will be affixed to the packaging of each product.

• Any information provided by the Responsible Person to EU or Northern Ireland regulatory authorities (including technical product documentation and EU Declarations of Conformity/Performance) is verified, drawn up, and adequately maintained and the Responsible Person is aware of the consequences of providing false information.

• The Responsible Person is ready to inform regulators if they have reason to believe their products present a safety or other compliance risk, and also cooperates with EU or Northern Ireland regulatory authorities during any corrective action required, including (but not limited to) product recalls.

• The Responsible Person is able to handle any regulatory inquiries necessary regarding the products in question.

• The Responsible Person should have sufficient knowledge of the CE marking regulations applicable to the products they represent.

• If feasible, the Responsible Person has access to (or possesses) a sample of the relevant product(s) being sold into the EU Market.

Merchants will be required to notify Wish if an appointed Responsible Person changes, which is possible via our informational Merchant Dashboard/Merchant Plus page and API (see this guide for details).

2. How do I know if my products will require a Responsible Person?

You will need to appoint an EU Market-based Responsible Person for your products if these products have been manufactured outside of the EU Market and are shipping to or within the EU Market, and meet either of the following criteria:

• CE marked products; or

• Any product type covered under the Market Surveillance Regulation (EU) 2019/1020 regulation

For a full list of CE marked product categories (that will require a Responsible Person), please click here. 

Merchants* can also view various EU Market-bound products that may require a Responsible Person via our informational Merchant Dashboard/Merchant Plus page and API. Please see this guide for a walkthrough of how to do this and add Responsible Persons to applicable products. Though this page may provide some assistance, it may not list every applicable EU Market-bound product and merchants will ultimately be responsible for identifying applicable EU Market-bound products and appointing a Responsible Person as required to comply with the upcoming new regulations.

To review the Market Surveillance Regulation (EU) 2019/1020 regulation, please click here.

*As noted above EU domiciled merchants are currently NOT required to provide details of their Responsible Person(s) to Wish, and currently do not have access to our informational Merchant Dashboard/Merchant Plus page.

3. How can I find an EU Market-based Responsible Person to appoint for my products?

If you do not already have an EU Market-based Responsible Person for your applicable products, you may utilize one of our preferred product compliance partners providing EU Authorized Representative services, listed below. An EU Authorized Representative is any natural or legal entity that is established in the EU Market who is appointed (in writing, with responsibilities written out) as the Responsible Person by the brand or manufacturer. Wish merchants will receive a discount on services from our preferred partners by signing up through the below provided links:

• Product IP: https://secure.productip.com/registration?code=wish2021 

• Clever Representative: https://app.cleverrepresentative.eu/referral/wish 

Merchants should be aware that if they are not the brand owner, importer, or physical product manufacturer of their applicable EU Market-bound products, they may require written authorization from the manufacturer, or the merchants’ own suppliers, before proceeding with appointing an EU Authorized Representative. Please check with either of our preferred partners above before reaching out to your suppliers, as well as for any other questions regarding the status of the preferred partners acting as an Authorized Representative for your product categories.

4. I have an EU Market-based Responsible Person for my products. How can I provide the details of this Responsible Person to Wish?

Please see this guide for more information on providing your Responsible Person(s) to Wish via Merchant Dashboard/Merchant Plus or API.

5. What happens if I don’t provide an EU Market-based Responsible Person for applicable products?

Applicable merchants who fail to provide an EU Market-based Responsible Person to Wish by July 9, 2021 will be subject to penalties outlined in Merchant Policy 13 - Other Regulatory Compliance, including applicable products being impression blocked in the EU Market. As noted above, EU domiciled merchants are currently NOT required to provide details of their Responsible Person(s) to . Additionally, you may face penalties imposed by the EU and Northern Ireland regulatory authorities if you do not have an EU Market-based Responsible Persons for applicable EU-bound products starting July 16, 2021.

6. I am a brand owner/manufacturer of applicable products requiring an EU-based Responsible Person. What should I do?

If your products require CE markings, ensure that they meet all necessary legal requirements, including product compliance and safety conditions. Any applicable technical product documentation (including Declarations of Conformity, accredited lab test reports, instruction sheets/user manuals, copies of relevant certification and other required markings/labels, Declarations of Performance, etc.) should be drafted, available, and shared with your selected Responsible Person(s) for them to provide to EU or Northern Ireland regulatory authorities as needed. 

Additionally, we recommend you provide samples of applicable products to your appointed Responsible Person(s) in the EU, in case of request from the EU or Northern Ireland regulatory authorities. 

7. What qualifies someone as an EU Market-based Responsible Person?

An EU Market-based Responsible Person will need to be one or more of the following:

• Any Authorized Representative (AR) that is established in the EU who is appointed (in writing, with manufacturer obligations and AR tasks expressly specified) as the Responsible Person on behalf of the brand or manufacturer

• A brand or manufacturer that is established in the EU Market

• An importer-of-record or corporate subsidiary that is already established in the EU Market

• A fulfillment service provider (FSP) that is established in the EU Market

• A distributor that makes the product available on the EU Market marketplace

• If they offer Responsible Person services, the testing lab or certification agency that you use for your products 

• A 3rd party product compliance consultant (that must be authorized in writing

8. Do I need to appoint more than one Responsible Person if I sell multiple categories of products?

If you sell multiple categories of products, you may need to appoint more than one Responsible Person. For example, if you are selling products under the Toys category and the Electronics category, you may need to appoint two Responsible Persons, one for each product category. Typically, a Responsible Person may have expertise in a single product category (such as Electronics) and can be appointed to cover products specifically under this category. 

You will be able to conveniently assign and add multiple applicable Responsible Persons and link them to your applicable products via our upcoming new Merchant Dashboard/Merchant Plus page and API (details of this functionality will be announced towards the beginning of June 2021).

9. What is the CE mark?

As part of the European Union’s harmonisation legislation, the CE mark is required for many products so that they can be imported into and traded throughout the European Economic Area (EEA) without restrictions. The CE mark represents that a product meets the health, safety, and environmental protection standards for the EEA. Common examples of products that are required to be CE marked include Medical Devices, Toys, Personal Protective Equipment, etc. Per upcoming new regulations, any EU-bound CE marked products will legally require an appointed EU-based Responsible Person.

As a reminder, please check your products sold to the EEA and affix CE marks on products that are required to be CE marked. If packages are delayed or fail to deliver, are disposed of, or are penalized by the EU Customs authorities due to a lack of CE marks, merchants shall be responsible for all relevant duties, levies, and fees. 

To learn more about CE markings, please see here.

For a full list of product categories that require a CE marking shipping to the EU, please see here.

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