Does the CRA apply if I only sell outside the EU?
Likely no
Likely no. Made available on the market means supply for distribution or use on the EU market in the course of a commercial activity, and a product supplied only outside the EU is not made available there [[F-101]].
The deciding factors
| Factor | If true | If false | Source |
|---|---|---|---|
| Made available on the EU market | Scope questions continue | Likely out of scope | F-101 |
| Manufacturer established outside the EU | No change to applicability; an authorised representative may be appointed | No change | F-034 |
| Supplied in the course of a commercial activity | Scope questions continue | Likely out of scope (or the open-source light regime) | F-007 |
| Has a direct or indirect connection to a device or network | It is a product with digital elements | Likely out of scope | F-005 |
Check your own product
Start the short scope check. Every legally material fact — EU availability, commercial activity, exclusions, your role — is asked, never assumed.
Example scenarios
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Sold only through a US web store that does not ship to the EU
Likely out of scope · role: _
Not made available on the EU market, so the Regulation does not apply.
Deciding fact: Art. 3(22)
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App store listing with EU countries enabled
Likely in scope · role: _
EU users can obtain it, so it is made available on the EU market; the app is a product with digital elements in scope.
Deciding fact: Art. 3(1), Art. 2(1)
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Not sure whether the global storefront reaches EU buyers
It depends on one fact · role: _
EU availability is the first deciding fact. Check where the storefront sells; the answer then resolves.
Deciding facts: Art. 3(1), Art. 2(1); Art. 3(22)
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Non-EU manufacturer selling into the EU through a reseller
Likely in scope · role: _
The product is made available on the EU market through the reseller; establishment outside the EU does not remove the manufacturer's scope.
Deciding fact: Art. 3(1), Art. 2(1)
Each scenario is a fixture: the shared CEMarque rules engine evaluates its inputs at build time and the page cannot be served if the outcome shown here differs from the engine's.
Edge cases
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Why
The market, not the manufacturer
The Regulation applies to products with digital elements made available on the market, and made available on the market means supply for distribution or use on the EU market in the course of a commercial activity [1] [2]. Where the manufacturer is established does not decide this; where the product is supplied does [1].
What counts as availability
A web store that ships to EU addresses, an app store listing with EU countries enabled, or a reseller who sells into the EU each makes the product available on the EU market [1]. Restricting all of them removes availability until the restriction is lifted.
Non-EU manufacturers
A manufacturer established outside the EU that does make products available on the EU market is in scope as a manufacturer, and may appoint an authorised representative by written mandate to hold the declaration and technical documentation; for a non-EU manufacturer, Article 14 reports are routed via the representative's Member State [3]. The scope check asks about establishment so the result can note this.
What to do next
CRARequired only answers applicability. CEMarque carries your answers forward and adds your role, class, conformity route, dates, obligations, and a permanent cited verdict.
Check my product Run the full cited determination on CEMarque
Related applicability questions
Sources
- F-101 Made available on the market means supply for distribution or use on the EU market in the course of a commercial activity. Art. 3(22) EUR-Lex ↩
- F-005 A product with digital elements is a software or hardware product and its remote data processing solutions, including components placed on the market separately, whose intended purpose or reasonably foreseeable use includes a direct or indirect logical or physical data connection to a device or network. Art. 3(1), Art. 2(1) EUR-Lex ↩
- F-034 A manufacturer may appoint an authorised representative by written mandate; the representative keeps the declaration of conformity and technical documentation at the disposal of authorities and cooperates with them. Non-EU manufacturers: reporting is routed via the representative's Member State. Art. 18, Art. 3(15), Art. 14(7) EUR-Lex ↩
- F-007 The Regulation applies to products made available on the market in the course of a commercial activity; charging a price, charging for support, monetising via advertising or data, or otherwise intending to monetise are commercial activity. Art. 2(1), Art. 3(22), Recitals EUR-Lex ↩
CRARequired answers applicability only, using scope logic and cited regulatory facts maintained by CEMarque, which encodes Regulation (EU) 2024/2847 and published guidance as of Facts v2026.09.4 (10 September 2026). Results are "likely" or "conditional" readings of your answers, not a legal opinion and not a conformity assessment. Run the full cited determination on CEMarque before you act. Methodology.