Amazon Product Compliance Requirements in the European Union

Amazon sellers shipping within or to the European Union must generally comply with EU product regulations, directives, and standards. This guide explains what Amazon sellers can do to comply, and which requirements are of particular importance when selling in the EU.

It is also noteworthy that recent EU legislation mandates that Amazon and other marketplaces actively monitor the compliance status of products sold by third-party sellers. Some would even argue that Amazon is more effective at enforcing EU product compliance requirements than the national authorities themselves.

Which EU compliance requirements must Amazon sellers comply with?

Businesses selling on Amazon in the European Union must generally comply with EU regulations, directives, and standards. As such, Amazon does not impose its own requirements but requires that products comply with existing compliance requirements in the EU.

While all compliance requirements are equal in importance, some are more equal than others and thus subject to stricter enforcement by Amazon. Examples include:

• Products that require CE marking
• General Product Regulation (GPSR)
• EU Authorised Representative (AR) requirements
• REACH and other substance restrictions
• Packaging EPR
• Food Contact Materials (FCM) Regulations

These are also the compliance requirements this article covers.

CE Marking

Toys, electronics, PPE, medical devices, machinery and other products must be CE marked to be sold in the EU. Amazon also mandates that such products are correctly CE marked and regularly requests evidence.

Such evidence can include:

• Test reports
• Declaration of Conformity (DoC)
• Product and packaging label files
• Instructions copies

Products that are not correctly CE marked and documented can be removed by Amazon.

General Product Safety Regulation (GPSR)

The General Product Safety Regulation (GPSR) mandates that all products in the EU, including those not subject to product-specific regulations or directives, are safe. This is generally demonstrated by ensuring compliance with applicable European standards.

In theory, Amazon could require that GPSR compliance be demonstrated for any consumer product. That said, this is more likely to be enforced for the following categories:

• Children’s products (non-toys)
• Furniture
• Gym equipment
• Bicycles

Compliance can be demonstrated by submitting test reports, label files, and instructions.

Note that the General Product Safety Regulation (GPSR) also requires Amazon and other marketplaces to actively monitor and enforce compliance with EU regulations, directives, and standards. While Amazon did this in the past, they are likely to be even more strict now that the GPSR is in force.

EU Authorised Representatives (AR)

Products can only be sold in the European Union if there is an EU-based entity present in the EU that is tied to the product. This can be an EU manufacturer or importer.

However, non-EU companies without an entity in the European Union can only satisfy this requirement if they sign with an EU Authorised Representative.

Amazon started enforcing this requirement a few years ago for CE marked products. More recently, this was mandated for all non-EU companies selling directly to consumers in the EU via Amazon.

To satisfy this requirement, you must:

1. Find an EU AR

2. Sign an agreement for a certain number of products

3. Submit test reports and other compliance evidence to the EU AR

4. Affix the EU AR company name, address and contact details on the packaging

REACH Regulation

The REACH regulation sets restrictions for phthalates, lead, cadmium, mercury and many other substances in all products and materials sold in the European Union.

Does that mean that Amazon mandates that sellers provide REACH test reports to demonstrate compliance for all products? Not necessarily, but they can make requests if they deem it necessary.

Packaging EPR

Businesses, including Amazon sellers, selling in the European Union must contribute to the collection and processing of packaging waste in the individual EU member states where they sell their products. This concept is also known as extended producer responsibility or EPR.

This is how the process can work:

1. Registering with the national authorities’ packaging waste reporting database

2. Registering with a Producer Responsibility Organisation (PRO) in the relevant EU member states

3. Submit reports on the types of packaging and the volume

You will then receive an invoice based on the reported volume. For small to medium Amazon sellers, this doesn’t necessarily amount to a lot of money. Still, EPR compliance is required by Amazon and is an essential step when selling in the EU.

Food Contact Materials (FCM) Regulations

Cultery, lunch boxes, water bottles, and other food contact materials are subject to specific EU regulations and directives. For example, specific restrictions apply to plastic FCM.

As household products are relatively popular on Amazon, it should be known that Amazon can request the following to verify compliance:

1. Lab test reports

2. FCM Declaration of Compliance

3. Label files

FAQ

Do all Amazon sellers need to comply with EU regulations?

If you ship to consumers in the EU or Northern Ireland, which remains aligned with EU rules in many cases, then your products must comply with EU regulations, directives, and standards.

However, you do not need to comply with EU regulations if you only sell on Amazon in the United States or other markets.

How does Amazon check if products comply with EU safety requirements?

Amazon can request documentation and files such as the following:

1. Declaration of Conformity or Declaration of Compliance

2. Test reports

3. Product label photocopies

4. Packaging label photocopies

5. Instructions

In theory, they could also request technical documentation, but I am not aware of a single instance in which Amazon has done so.

Do non-EU sellers need an EU AR?

Yes, non-EU companies selling to consumers in the EU need an EU Authorised Representative.

Does Amazon require compliance with GPSR?

Yes, Amazon mandates compliance with the GPSR.