This is due to the EU regulations on market surveillance - opens in new window or tab together with the Guidelines for its practical implementation - opens in new window or tab. To ensure you're compliant with the regulations, follow these steps:
- Check if you are selling CE marked products into Europe. You can see examples of products that carry the CE mark in our FAQ.
- Verify the products are meant for the EU market and comply with the EU legislation. If in doubt, contact the manufacturer.
- If the products are compliant, check whether you see information of the EU manufacturer or EU importer on the products. If there is an EU manufacturer or importer, they are the economic operator in Europe.
- If there is no EU manufacturer or importer, check with the non-EU manufacturer to see if they have an authorised representative. If there is one, obtain the name and contact details (including postal address) of the authorised representative and ensure that the information is indicated on the product or its packaging.
- If the non-EU manufacturer has not appointed an authorised representative in the EU, work with the manufacturer to appoint one. The authorised representative will need a mandate signed by the manufacturer as well as obtaining and keeping the certificate of conformity/performance and other technical documentation from the manufacturer
- Alternatively, you can use a fulfilment service provider in the EU
If you can't appoint or obtain information of an economic operator for the CE marked products you intend to sell to the EU, you will not be allowed to sell the product to the EU until an economic operator in the EU is arranged for.
The information provided is for guidance only and does not constitute legal advice.
From time to time, eBay will request CE documentation from sellers. To find out more, please see our FAQ.
Frequently Asked Questions
What is an economic operator?
Four types of economic operators are accepted under the new regulations:
- Manufacturer in the EU
- Importer in the EU
- Authorised Representative in the EU
- A fulfilment service provider in the EU
What does an economic operator do?
An economic operator has to be established in the EU. Their key tasks include:
- Verifying that the declaration of conformity / performance for a product has been drawn up and kept pursuant to legal requirements
- Verifying that the technical documentation of the product has been drawn up and provided to the market surveillance authorities on request
- Cooperating with relevant authorities to provide any other information to demonstrate product conformity as required
- Where an economic operator has reason to believe that a product is not compliant or poses a health and safety risk to the public, it has to inform the authorities and take corrective action, whether by itself or by asking the manufacturer to do so
Which products do the regulations and guidelines apply to?
They apply to a wide range of products which are required to bear CE marking. Examples include:
- construction products
- personal protective equipment
- appliances
- burning gaseous fuels
- products subject to the Directive relating to noise emissions by equipment for use outdoors
- machinery
- toys
- products subject to eco design requirements
- products subject to restrictions on the use of certain hazardous substances in electrical and electronic equipment
- pyrotechnic articles
- recreational craft and personal watercraft
- simple pressure vessels
- products subject to the Directive on electromagnetic compatibility
- non-automatic weighing instruments
- measuring instruments
- equipment and protective systems intended for use in potentially explosive atmospheres
- products subject to the Low Voltage Directive
- radio equipment
- pressure equipment
Products requiring CE marking are covered by the EU New Approach Directive. The UKCA (UK Conformity Assessed) marking is a new UK product marking that is used for goods being placed on the market in Great Britain. Find more information on EU and UK Government websites:
What is an EU fulfilment service provider?
Fulfilment service providers in the EU are specialist companies or persons in the EU which provide at least two or more of the following services:
- warehousing
- packaging
- addressing
- dispatching
It does not include carriers or logistics service providers which only handle shipment or movement of goods.
If you want to use a fulfilment service provider in the EU, you can work with the manufacturer to provide relevant documents to them. If the fulfilment service provider accepts the documents and your goods, it will become an economic operator and you can then indicate their name or contact information (including postal address) on the product or its packaging. However, some fulfilment service providers may ask for an authorised representative of your products instead. In which case, you would still need to work with the non-EU manufacturer to appoint an authorised representative in the EU.
How can I find an authorised representative in the EU?
You can work with manufacturers or the brand owner of the products you are selling to see if they have an authorised representative in the EU. You can also research options online as there are quite a number of companies offering authorised representative services in the EU.
In addition, we have identified some experienced third-party companies who may be able to assist. The following companies can provide support for most products (whether soft or hard goods) covered by the requirements.
Do the EU regulations on market surveillance together with the guidelines for its practical implementation apply in the UK?
These regulations and guidelines do not apply to products placed only in Great Britain (England, Wales and Scotland). These will however apply to Northern Ireland pursuant to the Northern Ireland Protocol.
I sell in only the UK and Northern Ireland. Why am I being asked to supply CE documents?
I received an email asking to upload my CE documents. What documents do I need to provide?
- Declaration of conformity (DoC): A declaration of conformity is a mandatory document that the manufacturer or authorised representative needs to sign to declare that the products comply with the EU or UK requirements. By signing the declaration of conformity, the manufacturer takes full responsibility for the product's compliance with the applicable EU or UK law
- Test reports: The test report provides design, manufacture, and operation of a product. The test report must contain all the details necessary to demonstrate the product conforms to the applicable European requirements and supports the declaration of conformity
We will temporarily hide listings if the correct documents haven’t been uploaded within the set timeframe.
I forgot to upload my documents within the set timeframe, and now my listing has been hidden. What can I do?
Please submit an appeal so we can create a new upload option for you. Please do not relist your item until we have verified the documents are compliant.
I submitted the documents within the set timeframe but received an email that the documents are insufficient. What did I miss?
These are common reasons for insufficient documentation that we have seen in the past:
- Incorrect documents are provided. Instead of declaration of conformity, we have seen sellers submit certificate of conformity
- Declaration of conformity missed critical information such as signature, date, EU directive, business address, harmonised standards or type approval