EU MSR Article 4 FAQ Responsible Economic Operator

Regulation (EU) 2019/1020 Article 4 says a covered product may be placed on the EU market only if there is an economic operator established in the Union responsible for the Article 4(3) tasks. The Commission guidance explains the practical test: check whether the product is within Article 4 covered harmonisation legislation and whether the offer or supply is aimed at the EU market, including online or other distance sales.

The eligible operator is selected from the supply chain. Use an EU manufacturer if one places the product on the market; otherwise use the EU importer where the manufacturer is outside the Union. A manufacturer may instead give a written mandate to an EU authorised representative for the Article 4 tasks. If none of those exists and an EU fulfilment service provider handles the product, that provider can be the Article 4 operator for the units it handles.

The operator must verify that the required declaration of conformity or declaration of performance and technical documentation have been drawn up. It must keep the declaration available for market surveillance authorities and ensure technical documentation can be made available on request.

The operator must provide information and documentation needed to demonstrate conformity after a reasoned authority request, inform market surveillance authorities when it has reason to believe the product presents a risk, and cooperate so corrective action is taken or risks are mitigated. Its name, registered trade name or trademark, and contact details including postal address must appear on the product, packaging, parcel, or an accompanying document.