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FAQEU

EU MSR FAQ Distance Sales

Article 6 treats an online or other distance-sale offer as EU market availability when the seller directs the offer to in a Member State, even if the seller and stock are outside the EU.

This FAQ helps check when an online or other distance-sale offer is treated as EU market availability and what Article 4 evidence should be retained.

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Author
Sorena AI
Published
May 9, 2026
Updated
Oct 15, 2026
3 sections3 primary sources
Overview

Under Article 6 of Regulation (EU) 2019/1020, products offered online or through other are deemed made available on the EU market when the offer is targeted at in the Union. For covered products, that can trigger Article 4 checks before EU orders are accepted, especially where the product is shipped from outside the EU.

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3 of 3 questions
Question 1

When is a distance-sale offer treated as EU market availability?

Article 6 applies the legal concept of to an online listing, marketplace offer, app listing, email offer, or other distance-sale channel when the offer is targeted at EU . The test is not limited to where the seller is established.

Targeting is assessed case by case. Recital 15 points to dispatch areas, the languages available for the offer or ordering, and means of payment. A website's mere accessibility from a Member State is not enough without facts showing that the operator directs its activity there.

  • Treat EU shipping availability, Member State-specific storefronts, ordering languages, payment options, advertising, customer support, and EU marketplace settings as evidence to review; no single indicator decides every case.
  • Do not treat a non-EU seller location or non-EU warehouse as enough to avoid EU MSR analysis if the offer is directed to EU .
  • Separate a passive website from an EU-targeted offer by retaining the actual listing, checkout, delivery, language, currency, and marketplace configuration evidence.

How does Regulation (EU) 2019/1020 apply to into the EU?

Article 6 treats products offered online or by other distance-sales channels as made available on the EU market when the offer is targeted at EU . Check EU delivery, Member State-specific storefronts, ordering language, payment settings, advertising, support, and marketplace configuration together. Mere website accessibility in the EU is not enough.

What evidence should support a decision under Regulation (EU) 2019/1020?

Keep dated copies of the product listing, checkout flow, shipping-country settings, language and currency settings, marketplace configuration, order records, and the Article 4 responsible-economic-operator record for covered products.

Does Article 6 cover business-to-business ?

Yes. Regulation (EU) 2019/1020 defines to include both consumers and professional users established in the Union. If an online or other distance-sale offer is directed to an EU business as the end user of the product, Article 6 can treat the offer as EU market availability.

When should an EU distance-sales assessment be repeated?

Repeat the assessment when shipping countries, storefronts, ordering languages, payment options, advertising, seller identity, marketplace settings, product model or software version, stock location, or the Article 4 operator changes. Keep the new evidence with the date on which the changed offer went live.

Question 2

What does Article 4 change for online offers?

For products in Article 4 scope, a product may be placed on the EU market only if an economic operator established in the Union is responsible for the Article 4 tasks. That can be an EU manufacturer, importer, authorised representative, or, where no such actor exists, an EU fulfilment service provider for products it handles.

For direct-to-EU shipments from a non-EU manufacturer with no EU importer or EU fulfilment service provider handling the product, the Article 4 guidance says the product may not be offered to EU unless the manufacturer has appointed an authorised representative for the Article 4 tasks. Article 4 contact details also need to appear on the product, packaging, parcel, or accompanying document.

  • Before enabling EU orders, confirm whether the product falls within Article 4 scope or another law that explicitly points to Article 4.
  • Identify the EU-established responsible economic operator and keep the mandate, importer record, or fulfilment-service arrangement that supports the role.
  • Check that declarations, technical documentation availability, authority-response responsibilities, risk notification, and corrective-action cooperation are covered.
Question 3

Evidence to retain for EU distance-sales reviews

Keep a record showing why the offer was or was not targeted at EU and whether Article 4 coverage existed before the product was offered or shipped. Regulation (EU) 2019/1020 has applied from 16 July 2021; assess the offer and operator arrangement in force on the relevant date. Keep screenshots, exports, marketplace settings, contracts, and fulfilment records that can be matched to the exact SKU, model, software version, and offer date.

  • Listing evidence: product page, marketplace listing, app or website URL, offer date, seller identity, SKU/model, price, currency, languages, and countries shown to buyers.
  • Targeting evidence: EU delivery settings, blocked or allowed shipping countries, payment options, Member State-specific storefronts, ad targeting, and customer-support language.
  • Article 4 evidence: product-scope assessment, EU manufacturer/importer/authorised-representative/fulfilment-provider identity, written mandate or arrangement, contact-details placement, declaration record, and technical-documentation availability.
  • Follow-up evidence: authority requests, risk notifications, withdrawal or recall decisions, corrective-action records, and changes to listings or fulfilment settings.
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Primary sources

References and citations

Commission Notice on Article 4 implementation
eur-lex.europa.eu4 citations
Referenced sections
  • Commission guidance for Article 4 scope, online-distance-sale targeting indicators, and supply-chain role determination.
  • Commission guidance identifies case-by-case targeting indicators for online and distance-sale offers.
  • Commission guidance explains how Article 4 applies to online supply chains, direct EU shipments, authorised representatives, and fulfilment service providers.
Show 1 more
  • Commission guidance supports retaining dispatch, language, payment, supply-chain role, and Article 4 arrangement evidence.
"geographical areas to which dispatch is possible"
More quoted passages
"directly to an end-user in the EU"
"language(s) used for the offer or for ordering"
Regulation (EU) 2019/1020 consolidated text
eur-lex.europa.eu4 citations
Referenced sections
  • Primary legal source for Article 6 distance sales, Article 4 economic-operator tasks, and Article 7 cooperation.
  • Article 6 states when online and other distance-sale offers are deemed made available on the market.
  • Article 4 defines the EU-established economic operator and the required tasks for covered products.
Show 1 more
  • Articles 4, 6, and 7 support records for targeted offers, EU economic-operator tasks, and cooperation with authorities.
"offer is targeted at end users in the Union"
More quoted passages
"offered for sale online or through other means of distance sales"
"an economic operator established in the Union"
"cooperate with market surveillance authorities"
Commission Notice - Blue Guide on EU product rules (2022)
eur-lex.europa.eu3 citations
Referenced sections
  • Blue Guide source for Article 4 contact-details, documentation, authority-response, and corrective-action context.
  • Blue Guide section 3.6 summarises Article 4 contact details, documentation, authority-response, and corrective-action expectations.
  • Blue Guide section 3.6 supports records for Article 4 declarations, technical documentation, authority requests, and corrective action.
"name and contact details of the economic operator"
More quoted passages
"technical documentation can be made available"

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