Last updated: November 2025
An overview of the Market Surveillance Regulation 2019/1020
The Market Surveillance Regulation 2019/1020 (MSR), which came into force on 16 July 2021, aims to improve and modernize market surveillance of almost all nonfood products in the EU by providing an efficient and harmonized approach to the implementation of EU regulations and directives. Articles relating to the EU Product Compliance Network (a support network established by the MSR to aid cooperation, enforcement and good practice between market surveillance authorities in the EU) and financing activities came into force on 1 January 2021.
What are the key provisions?
The MSR applies only to products subject to harmonized legislation (as listed in Annex 1 of the MSR). It seeks to address the challenges posed by increased use of e-commerce and online trade. In particular, the MSR does the following:
- Introduces an economic actor (i.e., a “fulfilment service provider” — the person or company responsible for warehousing, packaging, addressing and/or dispatching products)
- Plugs the gap in relation to the representation of overseas companies in the EU — pursuant to the MSR, suppliers must have an economic operator established within the EU to sell their products on the EU market
- Places operational and risk responsibilities on economic operators — for example, they are required to display their name and contact details on the product, packaging or accompanying document
- Strengthens the power of authorities to ensure effective market surveillance of products subject to EU harmonized legislation that are sold within their territory, whether offline or online (in particular, authorities are provided with the power to enter any premises, impose penalties and take appropriate measures in lieu of the economic operator)
What impact does the MSR have on me?
The MSR mainly affects: (i) manufacturers based outside of the EU and selling into the EU, which must ensure they have an economic operator within the EU; (ii) consumers in the EU, who have more protection in relation to online sales; and (iii) fulfilment service providers. Companies engaging in online sales where their business is based outside of the EU and the consumer is in the EU must take protective measures to avoid penalties.
