Fulfilment service provider responsible according to MüG
2021-11-17 The fulfilment service provider according to MüG (Market Surveillance Act) is often responsible for products itself – more comprehensively than many believe. Feat or challenge? In MüG, fulfilment service providers are held accountable, according to MÜVO and ProdSG 2021.
The EU is asking for it
According to the Market Surveillance Regulation (MÜVO), certain products, for example machines, pressure equipment, measuring devices, etc., may only be placed on the market in the EU if an economic operator based in the EU fulfills the required tasks. If the manufacturer, importer, authorized representative are located in a third country, then the fulfilment service provider is responsible. The MüG serves the implementation of the MÜVO and additionally covers products in the scope of the Product Safety Act ProdSG 2021 (§ 1 MüG).
Fulfilment service provider already with storage and packaging
Fulfilment service provider is any natural or legal person who offers at least two of the following services as part of a business activity: Warehousing, packaging, addressing and shipping of products to which it has no ownership rights (Art. 3 No. 11 MÜVO).
As an economic operator, the fulfilment service provider must comply with obligations under EU law when making products available on the market (see Art. 3 No. 13 MÜVO). It is subject to the measures of the competent market surveillance authorities for monitoring and intervention.
Fulfilment service provider according to MüG needs safe products
The fulfilment service provider becomes an addressee of market surveillance measures if he is involved in making unsafe products available on the market.
He must help to ensure that only safe consumer products are made available on the market (Section 6 (6) ProdSG); he must report unsafe products to the market surveillance authority.
According to Art. 4 MÜVO, the fulfilment service provider, as the responsible economic operator, must do the following, among other things:
- Ensure that the EU declaration of conformity or declaration of performance and the technical documentation have been drawn up and are available.
- Notify the market surveillance authorities if a particular product poses a risk.
- Cooperate with market surveillance authorities in the case of non-compliant products, including on an initiative basis.
- Indicate on product, packaging, package or accompanying document the name, registered trade name or registered trademark, and contact information including mailing address.
Fulfilment service provider is responsible for the following products
In Germany, the fulfilment service provider is subject to the provisions of ProdSG and MüG. According to MüG, he is responsible for products from harmonized product sectors of the EU, such as machines according to the Machinery Directive (provisions of MÜVO). The MüG additionally regulates: The market surveillance provisions for European non-harmonized product sectors that were regulated in the ProdSG before July 16, 2021 also apply to the fulfilment service provider.
Legal basis: Fulfilment service provider according to MüG, MÜVO, ProdSG 2021
- Act on market surveillance and ensuring the conformity of products (Market Surveillance Act – MüG) – “Market Surveillance Act of June 9, 2021 (BGBl. I p. 1723” (Marktüberwachungsgesetz – MüG)
- REGULATION (EU) 2019/1020 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 20 June 2019 on market surveillance and the conformity of products, and amending Directive 2004/42/EC and Regulations (EC). 765/2008 and (EU) No. 305/2011. Regulation (EU) 2019/1020
- Act on the Provision of Products on the Market (Product Safety Act – ProdSG) – “Product Safety Act of July 27, 2021 (BGBl. I p. 3146, 3147), as amended by Article 2 of the Act of July 27, 2021 (BGBl. I p. 3146).”
Fulfilment service provider according to MüG – or not
If you are not sure whether you are a fulfilment service provider in the sense of the MüG: Ask us. We will advise you comprehensively on what you have to do in that case – or take care of the tasks for you.