European Union regulations present both challenges and opportunities for online marketplace sellers. Two critical compliance areas—energy efficiency labeling and European Authorized Representative (EAR) requirements—demand careful attention from vendors operating on Temu and similar platforms.
1. Energy Label Compliance: Gateway to the EU Market
The EU maintains stringent energy efficiency labeling requirements under Regulation (EU) 2017/1369 and the German Energy Labeling Act. These standards serve as fundamental market access requirements for designated electronic products.
1.1 Covered Product Categories
The energy labeling requirements apply to numerous household appliances and electronics, including:
- Refrigerators and freezers
- Washing machines
- Lighting products (bulbs, luminaires)
- Electric ovens
- Air conditioning units
- Water heaters
1.2 Supplier Responsibilities
Under EU regulations, "suppliers" bear compliance obligations. This classification includes:
- Manufacturers registered within the EU
- Authorized representatives of non-EU manufacturers
- Importers distributing products in the EU market
Essentially, any entity involved in supplying covered products to EU consumers assumes supplier status and corresponding duties.
1.3 Mandatory Supplier Obligations
Suppliers must provide two critical documentation elements:
Energy labels: These standardized markings must appear prominently on product packaging with specific dimensional and design specifications. The labels must clearly communicate the product's energy efficiency rating using EU-approved formats.
Product information sheets: These detailed technical documents must accompany products, whether in physical or digital format. They must include comprehensive energy consumption data and performance metrics in readily accessible form.
2. European Authorized Representative (EAR): Essential for Non-EU Businesses
Since July 16, 2021, the EU Market Surveillance Regulation mandates that companies headquartered outside the European Union appoint an EAR to facilitate regulatory compliance.
2.1 EAR Functions
The authorized representative serves as the manufacturer's liaison with EU authorities, handling critical compliance matters including:
- Maintaining EU declarations of conformity and technical documentation
- Coordinating with market surveillance authorities during product investigations
- Representing manufacturers in communications with EU regulators regarding product safety concerns
2.2 EAR Implementation Requirements
Products must display clear identification of:
- Product name
- Manufacturer's registered trade name or mark
- EAR contact details including physical address
2.3 Non-Compliance Consequences
Failure to properly designate and identify an EAR may result in customs seizures or market distribution bans, potentially causing significant financial losses.
3. Temu Platform Compliance Specifications
Temu enforces specific requirements to ensure marketplace adherence to EU regulations:
- EPREL registration: Suppliers must register all covered products in the European Product Registry for Energy Labeling
- Documentation uploads: Energy labels and product information sheets must be submitted through Temu's platform
- Label visibility: All covered products must display compliant, clearly visible energy labels
- EAR designation: Non-EU sellers must appoint an authorized representative
- EAR information submission: Representative contact details must be provided to Temu
The platform provides dedicated functionality for displaying energy-related product information, facilitating compliance documentation management.
4. Compliance Considerations
Sellers should note several critical points:
- Suppliers bear full responsibility for product compliance and documentation accuracy
- Non-compliant products face immediate removal from the marketplace
- Legal consultation is recommended for complex compliance questions
Understanding and implementing these requirements represents a fundamental step toward successful EU market penetration through online marketplaces. Proper compliance not only prevents operational disruptions but also builds consumer trust in an increasingly regulated digital commerce environment.