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Manufacturer product compliance and digital product passport duties |
Due Diligence |
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- Description:
- Manufacturers must ensure that products comply with performance and information requirements and that a digital product passport is available.
- Frequency:
- Event-triggered
- Check frequency:
- Event-triggered
- Products/Services:
- Physical products covered by a delegated act under Article 4
- Checking responsibility:
- Manufacturers; competent national authorities
- Check method:
- Conformity assessment, technical documentation and market surveillance
- Rule set:
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- Source reference:
- Article 27(1)
- Source excerpt:
- When placing products covered by a delegated act adopted pursuant to Article 4 on the market or putting them into service, manufacturers shall ensure that: (a) those products have been designed and manufactured in accordance with the performance requirements set out in the delegated acts adopted pursuant to Article 4; (b) those products are accompanied by the information required under Article 7 and the delegated acts adopted pursuant to Article 4; and (c) a digital product passport is available
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Retention of conformity documentation |
Record Keeping |
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- Description:
- Manufacturers must generally retain the technical documentation and EU declaration of conformity for ten years.
- Frequency:
- Continuous
- Check frequency:
- Continuous
- Products/Services:
- Technical documentation and EU declaration of conformity for covered products
- Checking responsibility:
- Manufacturers; market surveillance authorities
- Check method:
- Review of retained documentation
- Rule set:
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- Source reference:
- Article 27(3)
- Source excerpt:
- Manufacturers shall keep the technical documentation and the EU declaration of conformity for 10 years after a product covered by a delegated act adopted pursuant to Article 4 has been placed on the market or put into service
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Product identification, instructions, complaints and corrective action |
Record Keeping |
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- Description:
- Manufacturers must identify products, provide contact details and digital instructions, record complaints, promptly remedy non-compliance or withdraw or recall products, and provide requested information within 15 days.
- Frequency:
- Event-triggered
- Check frequency:
- Event-triggered
- Products/Services:
- Covered products and digital product passports
- Checking responsibility:
- Manufacturers
- Check method:
- Review of product identification, digital instructions, complaints and authority requests
- Rule set:
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- Source reference:
- Article 27(5)-(10)
- Source excerpt:
- Manufacturers shall, for products covered by a delegated act adopted pursuant to Article 4, further to a reasoned request from a competent national authority, provide all the information and documentation necessary to demonstrate the conformity of those products
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Prevention of destruction of unsold products |
Governance |
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- Description:
- Economic operators must take all necessary measures that can reasonably be expected to prevent the destruction of unsold consumer products.
- Frequency:
- Continuous
- Check frequency:
- Continuous
- Products/Services:
- Unsold consumer products
- Checking responsibility:
- Economic operators
- Check method:
- Internal prevention measures and review of disposal processes
- Rule set:
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- Source reference:
- Article 23
- Source excerpt:
- Economic operators shall take necessary measures which can reasonably be expected to prevent the need to destroy unsold consumer products.
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Annual disclosure on discarded products |
Reporting |
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- Description:
- Affected economic operators must annually disclose clearly and visibly the number and weight, reasons, subsequent treatment, and measures taken and planned concerning discarded unsold consumer products.
- Frequency:
- Annual
- Check frequency:
- Annual
- Products/Services:
- Unsold consumer products discarded directly or on behalf of the company
- Checking responsibility:
- Economic operators that discard unsold consumer products directly or have them discarded on their behalf
- Check method:
- Annual website disclosure
- Rule set:
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- Source reference:
- Article 24(1)
- Source excerpt:
- Economic operators that discard unsold consumer products directly or have unsold consumer products discarded on their behalf shall disclose: (a) the number and weight of unsold consumer products discarded per year, differentiated per type or category of products; (b) the reasons for discarding products; (c) the proportion of discarded products delivered ... to undergo each of the following activities; (d) measures taken and measures planned for the purpose of preventing the destruction of unsold consumer products.
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Retention of supply-chain information |
Record Keeping |
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- Description:
- Economic operators must retain supplier and customer information, quantities and exact models for ten years and provide it to market surveillance authorities within 15 days.
- Frequency:
- Continuous
- Check frequency:
- Event-triggered
- Products/Services:
- Products in the supply and distribution chain covered by a delegated act
- Checking responsibility:
- Economic operators
- Check method:
- Transaction and supply-chain records; production upon reasoned request
- Rule set:
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- Source reference:
- Article 36(2)
- Source excerpt:
- Economic operators shall ensure that they are able to provide the information referred to in the first subparagraph for 10 years after they have been supplied with the relevant products and for 10 years after they have supplied such products
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Prohibition of circumvention |
Governance |
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- Description:
- Economic operators must not undermine compliance, use products or testing instructions that manipulate test results, or cause impermissible deterioration through software or firmware updates.
- Frequency:
- Continuous
- Check frequency:
- Continuous
- Products/Services:
- Covered products and digital product passports
- Checking responsibility:
- Economic operators
- Check method:
- Technical testing and market surveillance
- Rule set:
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- Source reference:
- Article 40(1)
- Source excerpt:
- Economic operators shall not engage in any behaviour that undermines the compliance of products with this Regulation
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Digital product passport registry and backup duties |
Record Keeping |
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- Description:
- The responsible economic operator must upload the required data to the registry and make a backup copy of the digital product passport available through an independent service provider.
- Frequency:
- Event-triggered
- Check frequency:
- Event-triggered
- Products/Services:
- Products for which a digital product passport is required
- Checking responsibility:
- Economic operator placing the product on the market or putting it into service
- Check method:
- Uploading required data and unique identifiers to the registry
- Rule set:
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- Source reference:
- Article 13(4)
- Source excerpt:
- The economic operator placing the product on the market or putting it into service shall upload, in the registry, the data referred to in paragraphs 1 and 2.
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Manufacturer conformity assessment and CE marking |
Approval |
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- Description:
- Before placing products on the market or putting them into service, manufacturers must carry out or arrange the required conformity assessment, prepare the technical documentation, draw up the EU declaration of conformity and affix the CE marking.
- Frequency:
- One-time
- Check frequency:
- Event-triggered
- Products/Services:
- Covered products
- Checking responsibility:
- Manufacturers; market surveillance authorities
- Check method:
- Review of conformity assessment, technical documentation, EU declaration of conformity and marking
- Rule set:
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- Source reference:
- Article 27(2)
- Source excerpt:
- Before placing a product covered by a delegated act adopted pursuant to Article 4 on the market or putting it into service, manufacturers shall carry out the conformity assessment procedure specified in that delegated act, or have it carried out on their behalf, and draw up the required technical documentation.
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Evidence concerning disposal of unsold products |
Record Keeping |
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- Description:
- Economic operators must provide the necessary information and documentation within 30 days upon request by the Commission or a competent national authority.
- Frequency:
- Event-triggered
- Check frequency:
- Event-triggered
- Products/Services:
- Evidence of delivery and reception of discarded unsold consumer products
- Checking responsibility:
- Economic operators subject to the disclosure obligation
- Check method:
- Provision of paper or electronic documentation
- Rule set:
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- Source reference:
- Article 24(2)
- Source excerpt:
- Such information and documentation shall be provided in paper or electronic form within 30 days of receipt of the request.
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Information duties for distance-selling offers |
Stakeholder Engagement |
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- Description:
- Economic operators must clearly and visibly provide manufacturer, contact and product-identification information in distance-selling offers.
- Frequency:
- Event-triggered
- Check frequency:
- Event-triggered
- Products/Services:
- Products offered by distance selling and covered by a delegated act
- Checking responsibility:
- Economic operators
- Check method:
- Review of the online product offer
- Rule set:
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- Source reference:
- Article 36(1)
- Source excerpt:
- When making a product covered by a delegated act adopted pursuant to Article 4 available on the market through distance selling, economic operators shall ensure that the product offer clearly and visibly provides at least the following information:
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Fulfilment service provider duties |
Due Diligence |
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- Description:
- Fulfilment service providers must ensure that warehousing, packaging, addressing and dispatch do not jeopardise product compliance.
- Frequency:
- Continuous
- Check frequency:
- Continuous
- Products/Services:
- Products covered by a delegated act handled by fulfilment service providers
- Checking responsibility:
- Fulfilment service providers
- Check method:
- Review of warehousing, packaging, addressing and dispatch conditions
- Rule set:
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- Source reference:
- Article 33
- Source excerpt:
- Fulfilment service providers shall ensure that, for products that they handle that are covered by a delegated act adopted pursuant to Article 4, the conditions during warehousing, packaging, addressing or dispatching do not jeopardise the products’ compliance with that delegated act.
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Emtract Ingest