Importers and Amazon sellers from outside the EU should be aware of the new changes that are coming into force from July regarding CE marked products that are brought into the EU. From July 16th, importers of CE marked products must have an EU representative, namely a ‘Responsible Person’, present in the EU to act as the point of contact when it comes to the product’s compliance. This article will describe what a CE-marked product and a ‘Responsible Person’ is, who is affected by the new legislation and, most importantly, what you need to do if you are an Amazon seller.
What are CE-Marked Products & What Is Changing?
You will no doubt have seen the marking ‘CE’ on various products. The marking signals to anyone assessing the product that it has been deemed to meet EU requirements. These requirements cover environmental, safety and health standards. Products from outside the EU which are then imported to the EU for the purpose of being sold must have this marking.
From July, suppliers of these products will have to have somebody who is stationed in the EU to act as a representative for the products and its compliance to these regulations. This representative will be called a ‘Responsible Person’ and it will be illegal for non-EU sellers to sell their CE-marked products in the EU without one.
What Is A Responsible Person?
So as we have stated, the Responsible Person is the representative in the EU. This person can be an importer, a fulfilment provider, or a manufacturer but they Must be stationed in the EU. If you are in doubt, It is probably worth checking with the relevant tax authority upon appointing a Responsible Person to check they qualify.
This representative will then act as the mediator between the supplier and the EU. They will be required to obtain and monitor all the relevant documentation required to sell CE-marked products in the EU such as the product’s EU Declaration of Conformity. They must also be the person who informs the relevant authorities should the product pose any risk.
Who Is Affected By The New CE-Marked Legislation?
Anyone who imports CE-marked products into the EU to sell will be required to adhere to the new legislation. This includes Amazon sellers. Products typically required to be CE-marked include machinery, toys, electronic devices, protective equipment and construction equipment, among others.
Some products are exempt from the requirements. These products include medical devices, explosives for civil use, and certain lifts and cableway installations. It is imperative you check with your supplier or legal counsel as to whether your products are required to be CE-marked.
How Does This Affect Amazon Sellers?
The good news for Amazon sellers is that Amazon can act as your Responsible Person. Amazon offer a service called ARP (Amazon Responsible Person) which you can subscribe to. This means that your products will be covered by Amazon. You do not necessarily need to use Amazon as your responsible person, but it is highly recommended that you do.
You can find more information on the ARP service here. You will need to be signed into your Amazon account to access the information.
What Is The Cost Of ARP?
The service will cost you €25 per month, or €300 per year. The first charge will be taken in August 2021. The price of the service may vary but you will be notified well in advance of any changes to the service.
The service will be charged from your primary EU marketplace account, and will be deducted as a ‘Miscellaneous Adjustment’ on your account.
There is currently a limited time promotion which means that Amazon will provide the service for free until January 2022, essentially halving your yearly subscription price for the first year.
What Do You Need To Do?
Once you have subscribed to the service, you will be required to submit all the relevant documentation to Amazon. This includes your compliance documentation and technical documentation for your CE-marked product. You will also be required to add Amazon’s contact information to your subsequent FBA inbound shipments from July 2021.
Please note that this service will only apply to the products that you sell through Amazon on their EU website and are fulfilled by them. The service also only applies to the CE-marked products that are covered by the legislation, and not for the products that are exempt which we mentioned earlier (medial products etc.). For products that you sell into the EU that are not sold through Amazon you will have to appoint another representative as Amazon will not be responsible for these products.
You can find more information on what you need to do and what will be covered by Amazon here. As before, you will need to be signed into your Amazon account to access the information.
Conclusion
Hopefully this information has been helpful to you. Should you need more help, we would like to take this opportunity to remind you that our long history of working with Amazon and eBay sellers means we can offer you expert advice.
Please do not hesitate to give us a call on or send an e-mail to enquiries@jpaccountant.com or a call on 07734182821 should you require anymore assistance regarding your CE-marked products.
