In the strict sense of the Market Surveillance Regulation, the economic operator is “the manufacturer, authorized representative, importer, distributor, order fulfillment service provider or any other natural or legal person subject to obligations in connection with the manufacture of products, making them available on the market or putting them into service in accordance with the applicable harmonization legislation of the Union”.

Thus, the “responsible person” in the European Union (EU) is a key concept in the regulation of products marketed within the EU. This designation applies primarily in the context of certain product categories, such as cosmetics, toys, medical devices and chemicals, but the principle can be extended to other areas depending on the specific legislation applicable. See section

REGULATION (EU) 2023/988 of May 10, 2023 on general product safety extends these compliance obligations to a large number of non-food products. This Regulation adds to the information related to economic operator, the information related to the manufacturer, which will also have to be communicated or inserted within your ad as of December 13, 2024.

The responsible person is the entity (either a natural person or a legal entity) that assumes responsibility in the legal sense for a product’s compliance with all EU regulatory requirements before it is placed on the market. This means that the responsible person must ensure that the product is properly assessed in terms of safety, that all necessary documentation is available and up to date, and that the product complies with all applicable legal and regulatory requirements.

A product may not be placed on the market if the safety obligations specific to it have not been complied with, and as such, if no person responsible for compliance with these obligations can be identified in the European Union. Thus :

• For EU Manufacturers: If the manufacturer is based in the EU, it is generally considered to be the responsible person, but it may also appoint a representative.
• For Non-EU Manufacturers: If the manufacturer is based outside the EU, it must appoint a representative within the EU to act as the responsible person. This representative must be established in the EU and have the necessary skills and information to assume this responsibility. This is often the case for the importer.

Therefore, if you are established outside the EU, you must appoint a responsible person and inform us of this, and if you are established in the EU and have appointed a different legal person, we must also be informed of this. You remain responsible for the accuracy of the data you provide.

CE marking is compulsory only for products for which European specifications exist and which require CE marking, in particular those mentioned in the section below.

Some products may be subject to several requirements at the same time.

You must therefore ensure that your product complies with all relevant requirements before affixing the CE mark. It is forbidden to affix the CE mark to products for which there are no European specifications or which do not require CE marking.

As a manufacturer, please be careful to involve conformity assessment organisations (notified body) to assist you in the self-assessment process of your products. Then, please know that notified bodies are the only entities allowed to issue certificates of compliance for harmonized products and in the area for which they are notified.

Once all the formalities have been completed (which you can find on this site), and the CE mark affixed, if Rakuten or a competent national authority so requests, you must provide all the information and supporting documents concerning the CE mark and/or the conformity of the Product.

With the adoption of the Digital Services Act (DSA) and the Product Safety Regulation (RSGP), we must enable you to provide us with more and more information specifically targeted by these texts and allowing us to better inform the Consumer. Here’s how to comply with these regulations on Rakuten:

• Pre-contractual information: All photos linked to your ads must faithfully represent the product and, where applicable, enable buyers to access all essential information proving the product’s conformity. Make sure that your products are correctly marked (e.g. with the CE mark) and that the mandatory information is provided to consumers in a clear and comprehensible manner. For example, photos of your product should include a picture with the CE mark visible, or any other essential conformity element. The description of your ad must also include all the information relating to your product, as well as safety messages (age requirements, instructions for use, etc.). The latter must also be directly available on the packaging or within your parcel.
• Responsible person in the EU: As mentioned above, the appointment of a responsible person in the EU may sometimes be mandatory (especially if you are based outside the EU). Rakuten has defined a specific location within the product sheets in order to display certain elements related to the safety and compliance of the Products.

Therefore, in order to communicate the contact details of your economic operator within the EU to Consumers, please indicate this in the descriptions of your listings. Rakuten will soon provide you with a technical solution for importing this specific information in order to display it in a space dedicated to product conformity and safety.

• Documentation and Conformity Assessment: Make sure you have all the necessary documentation proving the conformity of your products, including declarations of conformity and test reports. Rakuten may carry out random or spot checks, either proactively or at the request of the relevant authorities.

In short, product compliance in the EU requires a proactive approach on your part, involving good knowledge of applicable regulations, rigorous documentation, and close cooperation with online sales platforms. We invite you to get in touch with your suppliers, service providers, accountants and any legal advisors to ensure that you comply as fully as possible with the applicable standards.

If one of your products sold on the Platform is subsequently identified, by you, your manufacturer, your economic operator, a market surveillance authority or any other natural or legal person with the capacity to identify products and recognize their dangerous or non-compliant nature, we invite you to contact the buyer(s) of the said product to inform them of its potential dangerousness, as well as of the measures put in place to return the product, obtain a refund, or if necessary, proceed with its destruction.

Naturally, we invite you to remove all offers of the above-mentioned products, which may pose a risk to buyers, as well as all similar and identical products with the same risks, as soon as possible.

Should Rakuten identify this type of product, Rakuten reserves the right to take all necessary measures to stop the risks inherent in this type of product.

Below you will find the European portal for dangerous non-food products:

• https://ec.europa.eu/safety-gate-alerts/screen/webReport

You’ll find all regulated products on the European Commission’s dedicated website: https://single-market-economy.ec.europa.eu/single-market/ce-marking/manufacturers_en

The main products regulated by CE marking, which must comply with European Union safety, health and environmental protection standards, cover a wide range of categories. Here’s an overview of product categories typically subject to sector-specific regulations:

• Electrical and electronic equipment: This includes household appliances, computer equipment, lights and lighting, and any equipment powered by electricity.
• Toys: All toys intended for use by children.
• Machinery: This covers a wide range of industrial, agricultural and construction machinery.
• Medical devices: From basic medical equipment to implantable medical devices and in vitro diagnostics.
• Personal protective equipment: Such as helmets, protective gloves and safety glasses.
• Construction: Materials and components used in the construction of buildings and infrastructure.
• Measuring instruments: such as scales, thermometers and pressure gauges.
• Energy-related products: Including boilers, heating and cooling equipment, and products with an impact on energy consumption.
• Pressure equipment: This includes boilers, pressure storage tanks and pressure piping, intended for use at pressures above atmospheric.
• Chemicals: Certain hazardous chemicals, biocides, and substances subject to REACH (Registration, Evaluation, Authorization and Restriction of Chemicals) regulations.
• Telecommunications and radio equipment: This refers to devices that transmit and receive radio signals, including cell phones, Wi-Fi equipment and radios.
• Gas appliances: Gas-powered heaters, stoves and barbecues are included in this category.
• Motor vehicles and their components: This covers vehicles and their parts, including safety systems such as airbags and seatbelts.
• Aerospace: Equipment and components used in the construction and maintenance of aircraft.
• Marine equipment: Equipment used on board ships, including life-saving and navigation devices.
• Pyrotechnics: Fireworks, flares and other articles containing explosive substances.
• Equipment for use in potentially explosive atmospheres (ATEX): Electrical and non-electrical equipment intended for use in potentially explosive environments.
• Sports equipment: In addition to children’s toys, certain equipment