Responsible Person requirement for CE-marked products

For a consolidated list of resources, go to Responsible Person resource hub.

What is coming?

Since July 16, 2021, a new EU regulation on product safety (the “Market Surveillance Regulation (EU) 2019/1020”) has been in effect. This new regulation requires CE-marked products to have someone present in the European Union acting as the point of contact for product compliance (a “Responsible Person”).

This page outlines what is changing and offers some guidance on what you can do to comply with the changes. This material is for informational purposes only. It is not intended as legal advice. If you have questions about the laws and regulations concerning your products, we encourage you to consult your legal counsel.

What does this mean for me?

If you sell CE-marked products that are manufactured outside of the EU, your products are required to have a Responsible Person in the EU. CE-marked products in the EU that are without an EU Responsible Person and sold after July 16, 2021, are illegal to sell and will be prevented from sale on Amazon stores in the EU.

Your CE-marked products are required to be labelled with the contact information of the Responsible Person. This labelling can be done on the product, its packaging, the parcel or an accompanying document.

How will I know if I need an EU Responsible Person?

The first step is to confirm that your products are subject to CE-marking legislation. Common examples of products that are required to be CE-marked include toys, electronics, personal protective equipment, machinery, construction products, gas appliances, recreational and personal watercraft, pressure vessels, and measuring equipment. All CE-marked products are covered by this rule except for medical devices, explosives for civil uses, and certain lifts and cableway installations.

If you are unsure whether the products you sell are required to be CE-marked or not, reach out to your supplier or legal counsel to investigate further.

Does the EU Market Surveillance Regulation apply in the UK?

The EU Market Surveillance Regulation does not apply in Great Britain (England, Scotland, and Wales). It applies in Northern Ireland, under the Northern Ireland Protocol. Therefore, you are required to appoint a Responsible Person for sales in Northern Ireland, as you would be for sales in the EU. If you are a brand owner based in Northern Ireland, it may be possible to appoint yourself, or another entity based in Northern Ireland, as a Responsible Person.

I am the brand owner of CE-marked products which do not have a Responsible Person. What should I do?

If you are the brand owner of CE-marked products (other than medical devices, explosives for civil uses, and certain lifts and cableway installations), we recommend that you take the following steps:

1. Verify compliance of your products: Ensure that your products satisfy all the relevant CE marking requirements (For more information, go to EU and UK product compliance guidance: CE and UKCA marking ) and that the corresponding documents (such as test reports and a Declaration of Conformity) have been drawn up. You will need to provide the Declaration of Conformity (or Declaration of Performance) to your Responsible Person and be able to provide other technical documentation on request.
2. Enrol in Amazon Brand Registry: We encourage you to register your brand in Amazon Brand Registry to take advantage of the tools we offer to brand owners. For more information about Amazon Brand Registry, including a list of frequently asked questions, go to our Brand Registry information page .
3. Appoint an EU Responsible Person for your products: A brand owner has flexibility in who they can appoint as the Responsible Person. You can consider the following options:
   
   1. If you have a subsidiary in the EU or already have an EU importer, it may be possible to appoint them as the Responsible Person for your products.
   2. The testing laboratory or the certification company that you use for your products may be offering Responsible Person services.
   3. You may want to take advantage of the third-party providers offered in Amazon’s Service Provider Network. For more information, go to Responsible Person providers on the Amazon Seller Central Partner Network.
   4. Amazon offers a Responsible Person service for FBA products. For details on eligibility, pricing and terms and conditions, go to this page.

I already have a Responsible Person for my brand or ASINs. What do I need to do?

Amazon needs to collect the contact information of the Responsible Person for non-EU brands or ASINs using FBA. Amazon has enabled a dashboard in Seller Central to allow you to declare the EU Responsible Person for your brand or ASINs, as well as a page to help you with the completion of information. If you do not use FBA, Amazon will not ask you for this information at this time, but ensure you take the appropriate steps to add the Responsible Person information to your CE-marked products, their packaging or an accompanying document.

I don’t own a brand but I still sell CE-marked products. What do I need to do?

If you use FBA and would like to learn more about completing your Responsible Person information, go to Responsible Person dashboard.

The dashboard lists the CE-marked ASINs that you sell. We encourage you to review them and ensure there is a Responsible Person for each ASIN.

If your products do not have a Responsible Person, we recommend talking to your upstream suppliers to appoint a Responsible Person as your ASINs missing this information will be blocked from sale.

Other frequently asked questions

Who can be an EU Responsible Person?

An EU Responsible Person can be one of the following:

• The manufacturer or brand, if established in the EU.
• An importer established in the EU.
• An authorised representative established in the EU, who is appointed in writing as the Responsible Person by the manufacturer or brand.
• A fulfilment service provider established in the EU.

What does the Responsible Person have to do?

The Responsible Person is required to do the following:

• Collect the product’s EU Declaration of Conformity (or Declaration of Performance) and ensure that additional documents demonstrating EU conformity of the product can be made available from the manufacturer or brand owner upon request in a language understood by an authority
• In some cases, inform authorities of any risk posed by the product
• Cooperate with market surveillance authorities, including ensuring that the manufacturer or brand owner takes necessary corrective actions to remedy any non-compliance of the product

In addition, the contact information of the Responsible Person is required to be displayed on the product or its packaging, the parcel, or an accompanying document.

Can Amazon act as the Responsible Person on my behalf?

Yes. Amazon offers a Responsible Person service for non-EU manufacturers, brand owners and authorized resellers (authorized by the brand to sell in the EU) using Fulfillment by Amazon. For details on eligibility, pricing, and terms and conditions, go to this page.

Where can I get more detailed information on the Market Surveillance and Compliance of Products Regulation?

The EU Regulation 2019/1020 on Market Surveillance and Compliance of Products, published on June 20, 2019, sets out a framework aimed at increasing accountability for product safety and technical compliance, as well as enforcement of technical compliance breaches.

We strongly encourage you to visit the European Commission’s website for more information on EU Regulation 2019/1020 on Market Surveillance and Compliance of Products:

• https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=COM%3A2017%3A787%3AFIN
• https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32019R1020&from=EN