Revision of Regulation (EU)2019/1020 on market surveillance and compliance of products

The most effective way to ensure consumer health and safety in the EU is through harmonized standards enforced under the Market Surveillance Regulation (MSR). Companies bear the costs of designing compliant products and securing conformity assessments, while public authorities enforce compliance under the MSR and related rules, including the General Product Safety Regulation (EU 2023/988) (GPSR).

ANIVEC National Association of Clothing, Confection and Mode Industries welcomes and considers of utmost strategic relevance the present call for evidence process for an evaluation and impact assessment of Regulation (EU) 2019/1020 on market surveillance and compliance of products.

Filed in Portuguese · English published by the European Commission

Taking note of the Commission’s willingness to revise the Market Surveillance Regulation, MEDEF welcomes this initiative, subject to the following elements: 1. Prioritising the effectiveness of controls on incoming flows rather than new constraints for European actors: The lessor of extra-European e-commerce and Chinese platforms favours the entry of often non-compliant products into the domestic market.

Filed in French · English published by the European Commission

The Danish Chamber of Commerce thanks the Commission for the opportunity to provide contribution to the consultation on the revision of the Market Surveillance Regulation. It is clear that the current NLF, GPSR and MSR systems do not prevent non-compliant products from being placed on the internal market in situations where consumers in the EU shop online from sellers in third countries by using e-commerce platforms…

In the Single Market Strategy, the European Commission suggests establishing the EU Market Surveillance Authority. Cefic fully supports this goal. The current enforcement practice lacks resources and expertise and is structurally too fragmented to cope with the exploding volume of products from third countries, many of which do not comply with EU rules.

ELA is in favor of reinforcing the role of Market Surveillance Authorities, as they are critical to ensuring the safety and compliance of products placed on the market. ICSMS reporting requirements or the applied practices seem to differ among the MSs, suggesting that simplification and additional clarification may be necessary.

Toy Industries of Europe strongly believes there is a need to address the lack of enforceability of product rules on online platforms. To ensure there is an economic operator to enforce against, enhanced trader and responsible person verifications are important and need to go hand in hand with possibilities to hold online platforms accountable (in certain specific cases) as economic operators for illegal products…

Classifieds Marketplaces Europe (CME) contribution focuses on one of the options explored in the consultation, namely the possibility to further increase the role of online marketplaces beyond the existing frameworks of the Digital Services Act (DSA) and the General Product Safety Regulation (GPSR).

The Regulations objectives remain relevant but require reframing to address the new realities and challenges introduced by e-commerce and specifically the individual shipments entering the EU market from third countries.

The French association of Toy and Children's Product Retailers (FCJPE) welcomes the Commission's initiative to assess the feasibility of revising Regulation (EU) 2019/1020 on Market surveillance and compliance of products Recent events have highlighted the weaknesses of the regulations concerning the non-EU e-commerce platforms.

Ecommerce Europe welcomes the revision of the Market Surveillance Regulation. Regulation (EU) 2019/1020 plays an important role in guaranteeing the free movement of compliant products across the EU, including when offered for sale online, thus contributing to shaping trust in e-commerce.

European Cycling Industries (formerly CIE & CONEBI) is the united voice of the European cycling sector, representing national industry associations across Europe and companies covering all stages of the cycling value chain in manufacturing and services.

The Fluoropolymers Product Group (FPG) of Plastics Europe welcomes the opportunity to provide input to the ongoing evaluation and revision of Regulation (EU) 2019/1020 on market surveillance and compliance of products (MSR). The MSR aims to ensure that only compliant products offering a high level of protection for public interests are made available on the Union market.

The European Balloon & Party Council (EBPC) supports the evaluation and possible revision of Regulation (EU) 2019/1020 to address persistent enforcement gaps, particularly in online and distance sales. In the celebration and party products sector, compliant manufacturers invest significantly in product safety, testing, and conformity, yet face increasing competitive and reputational harm from non-compliant products…

The TÜV Association welcomes the evaluation of the Market Surveillance Regulation (EU) 2019/1020 initiated by the European Commission. An effective market surveillance system is central to a functioning EU Single Market and a competitive EU.

Eesti Kaubandus-Tööstuskoja hinnangul turujärelevalve raames on digitaliseerimine tervitatav, kuna see võib muuta turujärelevalve protsessid kiiremaks, täpsemaks ja strateegilisemaks. Siiski rõhutame, et pelk olemasolevate paberpõhiste kohustuste üleviimine digitaalvormingusse ei tähenda automaatselt tegelikku halduskoormuse vähenemist.

EBCA welcomes the revision of Regulation on market surveillance and compliance of product both in light of changing market realities and because products, particularly textile and apparel, will face increased requirements to access the EU market. Modernising the market surveillance regulation will enable a coordinated response to ensure compliance and enforcement of product rules.

Inconsistent enforcement across Member States and at external borders. Resource and expertise gaps, especially for complex or new technologies. Insufficient digital tools and coordination (ICSMS, Safety Gate). A rise in non compliant imported products, undermining compliant EU manufacturers. Potential strengthening of EU-level governance, including deeper coordination or an EU Market Surveillance Authority.

The Together Against Counterfeiting (TAC) Alliance welcomes the European Commissions initiative to revise the EU Market Surveillance Regulation as part of the European Product Act. The EU market is increasingly flooded with illegal products - a mix of counterfeit, non-compliant and dangerous goods, with a high degree of overlap - posing serious risks to consumer health and safety and undermining the competitiveness…

The Polish Union of the Cosmetics Industry welcomes the opportunity to contribute to the ongoing evaluation of the Market Surveillance Regulation (EU) 2019/1020. We fully support the European Commissions efforts to strengthen the enforcement of product compliance across the Single Market, especially given the sharp increase in non-compliant and counterfeit products entering the EU market via online channels and…

The FIEEC calls on the European Commission to make market surveillance a strategic priority for the functioning of the single market and for the competitiveness of European industry. The primary challenge is not the introduction of new obligations but the ability to equitably and proportionately enforce existing rules, focusing control resources on actors and distribution channels presenting the highest risks.

The lessor of e-commerce and direct imports from third countries is disrupting European market surveillance. The Regulation on market surveillance and compliance of products has strengthened controls, but it remains insufficient in the face of these new realities. To address the challenges of e-commerce, the Confederation of Small and Medium-sized Enterprises (CPME) has put forward a set of proposals.

Filed in French · English published by the European Commission

AIM, the European Brands Association, thanks the Commission for appreciating that the current Regulation on market surveillance and compliance of products should be updated to better protect European consumers, businesses, environments and markets from illegal, dangerous and non-compliant goods. Please find attached our comments.

An effective market surveillance system is essential to ensure that only compliant products are made available on the EU market. It plays a crucial role in safeguarding safety, ensuring the proper application of EU legislation, and maintaining fair competition for European businesses, notably regarding products imported from third countries.

The European Wood Preservative Manufacturers Group (EWPM) and the European Wood Protection Association (EWPA) welcome the Commissions evaluation and impact assessment of Regulation (EU) 2019/1020. Ensuring fair, effective and harmonised market surveillance across the EU is critical to protect health, the environment, and legitimate businesses, especially in sectors like wood preservation, where products are…

This opinion is in line with the already conducted evaluation of Article 4 of the Market Surveillance Regulation (MSR) and the opinion on the revision of the New Legislative Framework (NLF). The market surveillance carried out by the Federal Network Agency (BNetzA) continues to consider the previous approach of the New Legislative Framework (NLF) and a market surveillance regulation to be correct.

Filed in German · English published by the European Commission

For SMEs, a level playing field is of great importance. All economic operators must comply with the same safety and conformity rules, regardless of their origin. However, the current situation shows that enforcement is falling short, especially regarding products entering the single market directly from third countries via e-commerce.

The attached document outlines the key recommendations for the revision of Regulation (EU) No 2019/1020 and Regulation (EC) No 765/2008 from a Dutch market surveillance and border authority perspective, in order to ensure that the framework remains fit for purpose.

While Regulation (EU) 2019/1020 on market surveillance and compliance of products has been key in securing the legal framework ruling the market surveillance activities that ensure that non-food products on the EU market meet EU regulatory requirements, it is critical to reinforce checks, adequately resource surveillance authorities and discourage non-compliance also from economic operators such as online…

The ZDH supports strengthening market surveillance, particularly in online trade and imports from third countries. The EU should focus on enforcing existing regulations more effectively and ensure that platforms are held fully accountable for the products they sell, which often do not meet European safety, labour or environmental standards.

The initiative to revise Regulation (EU) 2019/1020 is strongly supported, considering that its update is necessary to strengthen consumer protection, ensure a level playing field and equip the European market surveillance system with effective mechanisms to address the challenges of e-commerce and complex supply chains.

Filed in Spanish · English published by the European Commission

FEBEA calls for a revision of the MSR that ensures a coherent, proportionate and adapted framework to the challenges of e-commerce. A strengthened monitoring and enforcement system will better protect consumers, support compliant businesses and safeguard the competitiveness of European industry. Details of this position can be found in the attached document.

Filed in French · English published by the European Commission

The Greek Laboratory Association welcomes the launch of the evaluation of the effectiveness of Regulation (EC) No 2019/1020. Laboratory checks on the compliance of products are an important link in the control chain and entail significant costs for each Member State.

Filed in Greek · English published by the European Commission

As the voice of the Testing, Inspection and Certification (TIC) industry in Europe, TIC Council welcomes the European Commissions initiative to evaluate and potentially revise Regulation (EU) 2019/1020 on market surveillance and product compliance at a time when the Single Market faces increasing pressure from rising e-commerce, complex global supply chains and uneven enforcement capacity across Member States.

Thuiswinkel.org, de vertegenwoordiger van de Nederlandse e-commerce, ondersteunt het doel van de Europese Commissie om productveiligheid te verbeteren en een gelijk speelveld binnen de interne markt te waarborgen. De groei van e-commerce, en met name de instroom van producten van buiten de EU, legt structurele tekortkomingen bloot in het huidige systeem van markttoezicht.

CECIMO supports the revision of Regulation (EU) 2019/1020 as a necessary step to address the continued presence of unsafe and non-compliant industrial products on the EU market, particularly from third countries.

EURATEX, representing the European textile and clothing industry (over 200,000 companies and 1.3 million workers), supports a strong EU Market Surveillance Regulation (EU) 2019/1020 to ensure consumer protection, fair competition and trust in EU legislation. Our sector is highly globalised and increasingly exposed to unfair competition from non-compliant products entering the EU market.

Contribution from U.Di.Con. APS to the European Commission on the revision of Regulation (EU) 2019/1020 argues that, while the current framework has strengthened the safety of non-food products and consumer protection, the evolution of supply chains and the disruption of e-commerce require further consolidation of the market surveillance system.

Filed in Italian · English published by the European Commission

An effective system of market surveillance is essential for ensuring that only compliant products are made available on the EU market. It has a crucial role to play in ensuring fair competition for European businesses, notably regarding imported products, as well as the protection of European consumers.

ANEC highlights persistent and structural shortcomings in the EU market surveillance system that continue to expose consumers to unsafe and non-compliant products. While Regulation (EU) 2019/1020 introduced important improvements, notably the requirement for an EU-established economic operator, ANEC considers that the Regulation has not achieved its core objective of ensuring that only compliant products reach the…

The European Commissions ongoing evaluation and potential revision of the Market Surveillance Regulation (EU) 2019/1020 (MSR) marks an important moment in the evolution of the EUs product safety and compliance framework.

Biofa GmbH welcomes the European Commissions evaluation of Regulation (EU) 2019/1020 on market surveillance and compliance of products. As a European manufacturer with more than forty years of experience placing regulated products on the Union market, Biofa strongly supports the objective of effective consumer protection and fair competition in the Single Market.

The performance of the Market Surveillance Regulation (EU) 2019/1020 is to be evaluated, as required under Article 42(1). The Regulation aims to improve the functioning of the single market by improving compliance with EU product harmonisation legislation.

Filed in Italian · English published by the European Commission

Effective market surveillance should be strengthened through a set of targeted actions. Member States market surveillance authorities need sufficient staff and technical resources to apply rules more consistently across the EU, supported by the creation of an EU-wide Market Surveillance Authority.

1. Introduction EPACs Electric Power Assisted Cycles are becoming increasingly popular, developing into a more accessible, sustainable and inclusive form of cycling throughout Europe. Unfortunately, this positive growth has had one negative side effect due to an increase in unsafe, non-compliant and poorly tested electric bicycles and components entering the market from beyond the EU single market and through the…

The Trademark Association welcomes the European Commission’s intentions to make efforts to combat unsafe and illegal products through the revision of Regulation (EU) 2019/1020. With their brands, the members of the trade mark association believe in the high quality, safety and innovative solutions for consumers.

Filed in German · English published by the European Commission

The EuCER Council welcomes the European Commissions evaluation and possible revision of Regulation (EU) 2019/1020 on market surveillance and product compliance, considering it a timely initiative in light of the growth of e-commerce, increasingly complex supply chains and the persistent presence of non-compliant products in the EU Single Market.

The European Cultural and Creative Industries Alliance (ECCIA) supports the Commissions objective to revise the Market Surveillance Regulation (MSR). Attached are our recommendations for a revision that ensures that non-compliant or dangerous products are removed from the EU market, enforcement of EU legislation across Member States is strengthened, and critical gaps in online market surveillance are closed.

The ZIV represents the interests of the German and international bicycle industry including importers and wholesalers as well as established businesses and start-ups from the entire bicycle ecosystem. Around 90% of the bicycles and e-bikes produced in Germany in 2024 were from ZIV member companies, which export 1.3 million units every year in addition to sales on the domestic market.

In the attached position paper, HKI Industrieverband Haus-, Heiz- und Küchentechnik e.V. sets out its views on the revision of Regulation (EU) 2019/1020. From an industry perspective, effective market surveillance is a key element of the internal market, but can only function properly as part of a coherent and consistent product law framework.

The European Ventilation Industry Association (EVIA) welcomes the European Commissions ongoing evaluation of the Market Surveillance Regulation (MSR) and its consideration of a possible review. Ensuring that products placed on the EU market comply with EU requirements, including Ecodesign and energy labelling rules, is essential to safeguard consumer protection and to ensure that these rules deliver their intended…

ETIRA European Toner & Inkjet Remanufacturers' Association (Belgium) ETIRA (www.etira.org) represents the interests of the inkjet and toner cartridge remanufacturers in the EU. Reuse of a printer cartridge as a cartridge is textbook circularity. A cartridge can be reused as a cartridge multiple cycles, thereafter its materials can be recycled and used as raw material.

Austrian Standards Internationals welcomes and supports the European Commissions initiative to revise Regulation 1020/1029 on market surveillance. The European Commission has confirmed that the revision of the Market Surveillance Regulation will be carried out in parallel with the revision of the New Legislative Framework Regulation and the Standardisation Regulation and result in a package of the European Product…

Market surveillance in the office imaging consumables industry has failed to deliver effective enforcement under Regulation (EU) 2019/1020. Despite multiple, well-documented denunciations at Member State and county level of distributors of non-compliant newly build single use plastic cartridges from China flooding the EU market, widespread breaches of CE marking, RoHS, Low-Voltage directive, WEEE and packaging…

We appreciate a more pro-active, harmonized and transparent market surveillance. We are active in several sectors, but predominantly the construction sector. Our positive experience in the maritime sector -in which we are also active- with full traceability from producer / factory via among others the shipyards to the vessels and vice versa seems to fucntion well and to full statisfaction of all stakeholders.

Existing market surveillance regulations are no longer adequate to address the product regulatory risks arising from technological advancements, particularly in the realm of intelligent technologies, such as the safety risks and data compliance issues associated with autonomous vehicles. The EC should amend its regulations as soon as possible to align with technological developments.

Based on extensive experience in compliance testing for machinery and associated electrical and electronic components, it is evident that current market surveillance practices are inadequate. Enforcement is highly inconsistent and, in many cases, depends entirely on the individual conducting the inspection. This lack of systematic oversight undermines the integrity of the CE marking process.

Since the entry into force of the Market Surveillance Regulation, we have shown that online purchasing platforms offer products for sale that do not bear any EU liability and that the product labelling is not in an official language.

Filed in Spanish · English published by the European Commission

In our experience, the main problems with market surveillance are: Lack of harmonisation at EU level: Market surveillance is certainly a matter for the Member States. However, unfortunately, each Member State still has its own national priorities, which are shared or not shared by the others. This leads to inconsistencies across the EU and directly runs counter to the general process of harmonisation.

Filed in German · English published by the European Commission

As market surveillance authority, national priorities may lead to a difference in product treatment within the EU common market. In order to harmonize practices, a Commission level control could be interesting. At least, regular meetings could be organised in order to share best practices and maintain a uniform understanding of regulations.

To our experience, the main issues with market surveillance are: . lack of uniformity at EU level. We know that market surveillance is up to the Member States. Unfortunately, as a matter of fact each State has its own priorities which are not shared by the others. This results in lack of uniformity in the EU. A certain product may need to be modified only for a specific national market; .

Confetra, the Italian General Confederation of Transport and Logistics, welcomes the European Commissions initiative to revise Directive 97/67/EC on postal services and Regulation (EU) 2018/644 on cross-border parcel delivery services, in the context of the forthcoming EU Delivery Act.