§2.1 Scope

An economic operator referred to in Article 4 is required when a product: — falls within the scope of one or more of the Directives or Regulations listed in Article 4(5) or other legislation that makes explicit reference to Article 4. This ‘sector-specific legislation’ covers the safety of toys, electrical equipment, radio equipment, electromagnetic compatibility, restricting hazardous substances in electrical and electronic equipment (‘RoHS’), energy-related products (‘ecodesign’), gas appliances, construction products, machinery, outdoor equipment (‘outdoor noise’), equipment for use in potentially explosive atmospheres (ATEX), pressure equipment, simple pressure vessels, pyrotechnic articles, recreational craft, measuring instruments, non-automatic weighing instruments, personal protective equipment and unmanned aircraft systems (6) (‘drones’) (7), and — is placed on the EU market (8) – i.e. made available (supplied for distribution, consumption or use on the EU market in the course of a commercial activity, whether in return for payment or free of charge) for the first time on the Union market (9) – on or after 16 July 2021 (Article 4(1) and Article 44 of the Regulation). Products offered for sale online, or through other means of distance sale, are considered to be made available on the market if the offer is targeted at end-users in the EU. An offer for sale is considered to be targeted at end-users in the EU if the relevant economic operator directs, by any means, its activities to a Member State (Article 6 of the Regulation) (this is determined case by case in the light of relevant factors such as the geographical areas to which dispatch is possible, the language(s) used for the offer or for ordering, means of payment, etc. (10)). Thus, an economic operator who intends to place on the EU market on or after 16 July 2021 a product covered by Article 4 has first to ensure that there is an economic operator referred to in Article 4 in the EU. Otherwise, such products cannot be placed on the EU market on or after 16 July 2021.

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Source: EUR-Lex (Cellar) · retrieved 2026-09-07