The rights and obligations of economic operators under CPR-2024 largely follow the principles of the CPR-2011 and the New Legislative Framework. However, they have strengthened mutual control between operators, facilitated by new digital solutions. Article 20 establishes obligations applicable to all economic operators (the manufacturer, the authorised representative, the importer, the distributor, the fulfilment service provider).
All operators (Article 20)
Regardless of your specific role, if you handle products covered by the CPR, you must meet requirements in five key areas.
Maintain compliance
Take all necessary measures to ensure the products you handle stay compliant with the law
Traceability
You must be able to identify your suppliers and those you have supplied to for at least 10 years. This includes keeping records of contact details, tax, and company registration numbers
Open communication
You must provide clear communication channels (like a phone number or email) for consumers to report accidents or safety issues
Risk reporting
If you believe a product is non-compliant and poses a risk to health or the environment, you must immediately inform competent national authorities.
Manufacturers
Manufacturers must fulfil certain obligations regarding the products they place on the market.
- Technical documentation
Manufacturers must draw up technical documentation. This is now specified in greater detail under Article 22(3) and included in the assessment and verification systems (AVS).
- Declaration of Performance and Conformity
Before a product is placed on the market, manufacturers must draw up a declaration of performance and conformity (DoPC), assuming full responsibility for the product's compliance with declared values.
- Environmental data
To declare predetermined environmental characteristics, manufacturers have the right to request necessary life cycle assessment (LCA) information from their suppliers and service providers.
- CE marking
Manufacturers are responsible for affixing the CE marking to the product or its packaging, following the specific rules for visibility and accompanying information laid down in Article 18.
- Sample testing & complaints
To ensure continued compliance, manufacturers must, where appropriate, carry out sample testing of products and maintain a register of complaints, non-conforming products, and recalls.
- Identification & traceability
Manufacturers must ensure every product bears a unique identification code of the product type and, where possible, a batch or serial number for traceability.
- Instructions & safety information:
Products must be accompanied by general information, instructions for use, and safety information as set out in Annex IV, provided in a language/languages easily understood by users.
- Corrective measures
If a product is found to be non-compliant, manufacturers must immediately take corrective action to bring it into conformity or withdraw or recall it as necessary.
- Risk notification
If a product presents a risk, manufacturers must inform the competent national authorities and all involved economic operators within three working days, providing details on the non-compliance and any measures taken.
- Digital Product Passport (DPP)
Once the system is operational and mandatory, manufacturers must make a digital product passport available for their products, including the Declaration of Performance and Conformity.
- Spare parts:
For certain product families defined by delegated acts, manufacturers must make specific, non-generic spare parts available for 10 years after the last product of that type is placed on the market. So far, no respective delegated act has been adopted.
Importers
Importers act as a critical link in the supply chain for products coming from outside the EU.
They must comply with the requirements listed below.
Verify Compliance: Check that the manufacturer has drawn up technical documentation, affixed the CE marking, provided unique identification codes, and included the required instructions and safety information.
Document Availability: Ensure the product is accompanied by the Declaration of Performance and Conformity or that it is available digitally, or in future the DPP.
Storage and Transport: Ensure that storage or transport conditions under their responsibility do not jeopardise product conformity.
End-User Sales: Importers selling directly to end users must also fulfil all obligations of distributors.
Distributors
Distributors must exercise due care in relation to the products they handle.
Their duties include the following.
Verification: Checking for the CE marking, unique identification codes, and the presence of necessary instructions and safety information in the appropriate language.
Compliance Maintenance: Ensuring that storage and transport do not affect the product's compliance with its declared performance.
Corrective Action: Taking necessary actions if they identify risks or non-compliance in the products they distribute.
Authorised representatives
Manufacturers established outside of the EU (including those in the EEA, Switzerland, and Turkey) are obliged to contract an authorised representative within the EU.
Mandate: The representative must keep the Declaration of Performance and Conformity and technical documentation at the disposal of national authorities.
Cooperation: They must cooperate with authorities to demonstrate product compliance.
Termination Rights: To strengthen compliance, authorised representatives have the right to terminate their contract if the manufacturer infringes the regulation.
Fulfilment service providers
To address modern business models, CPR-2024 introduces specific provisions for fulfilment service providers.
They must
- check documents, ensuring that CE marking, labelling, and required instructions/safety information accompany the product
- preserve compliance, guaranteeing that storage, packaging, and shipping do not affect the product's compliance with its declared standards
- provide recall support for product recalls or withdrawals, regardless of who initiates the action
Online Marketplaces/distance and online selling
The CPR-2024 establishes specific obligations for distance and online selling to ensure a level playing field.
Information display: Online offers must clearly and visibly indicate the CE marking, required labels, and a Digital Product Passport-connected data carrier.
Interface design: Marketplaces must design their interfaces so that economic operators can display all mandatory information before the customer is bound by a sales contract.
Market surveillance: They must respond to notifications regarding accidents or incidents and cooperate with market surveillance authorities, including removing non-compliant content.