EU Service
UK Service

FAQs

Browse the questions below to find the answers to commonly raised questions. If you’re a new customer to our page, please read through the relevant questions.

If you have a question that we haven’t already answered, then please contact us today and a member of our team will be happy to help you.

What is an authorised representative?

An authorised representative (also known as AR) is an individual or company who is appointed by a manufacturer to carry out agreed specific tasks, such as drawing up and confirming a declaration of conformity on behalf of the manufacturer. However, AR’s must be established in the UK to certify the UKCA mark.

For certain products, an authorised representative is mandatory and for others, they are voluntary. For example, cosmetic products sold in the UK require a UK based authorised representative to be appointed. Authorised representatives are not responsible for safety and compliance, this is down to the manufacturer.

Authorised representatives, when appointed may complete the following:

  • Apply UKCA/CE marking
  • Create and complete a UK/EU declaration of conformity
  • Maintain all necessary technical documentation to cooperate with market authorities and inspections

It is important to note that an AR cannot act as a manufacturer, they may only perform tasks on the manufacturers behalf.

Why do I need an Authorised Representative service?
As of the 16 th July 2021, a new EU regulation, (EU) 2019/1020 came into force requiring non-EU manufacturers to have an EU representative’s name and address on all products placed on the EU market.

As the UK has left the EU single market, manufacturers based in the UK will require the services of an EU-based economic operator if they wish to market their products in the EU.

How much does an Authorised Representative Service cost?
Our pricing is based on individual requirements. Please contact us for an application form for a quote.
What if I don’t have all of the required documents?
You are required to have a complete Technical File and Declaration of Conformity if your product is CE or UKCA marked before you place your product on the market and before we will represent you. If you don’t have these documents, we will refer you to Conformance Ltd who can help you complete them.
What happens at the end of my Subscription?
The subscripton lasts a year and is renewable, we will send you a subscription reminder in time for you to renew the contract if you wish to.

If you do not renew, or if you cancel the contract, we will simply respond to any enforcement requests by telling the enforcement authority that we are no longer acting on your behalf and giving them your details so they can contact you directly if they choose to.

Do I need to give you a copy of my Technical File and Declaration of Conformity?
We will need to keep a copy of each product’s Declaration of Conformity or Declaration of Performance but not the rest of your technical file. However you will need to produce the technical file if requested by a market surveillance authority.
What is the ‘Market Surveillance Regulation’?

Officially known as “REGULATION (EU) 2019/1020 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 20 June 2019 on market surveillance and compliance of products and amending Directive 2004/42/EC and Regulations (EC) No 765/2008 and (EU) No 305/2011” the Market Surveillance Regulation is a measure intended to make it easier for safety enforcement authorities to identify someone responsible for placing goods on the market, primarily to make it easier to take action in the event that there is a problem which could create a danger for users and others.

What is the ‘Goods Package’?
The Goods package is a series of measures proposed by the European Commission to strengthen enforcement action against faulty and dangerous goods sold in the EU and improve co-operation between Member States in dealing with unsafe products. It includes the Market Surveillance Regulation.
Do I need a separate Authorised Representative contract for each individual product I sell in the EU?
It depends on your product range. We have a number of services on offer to cover:
  • An single product or piece of equipment sold once.
  • An single product type sold regularly.
  • A product family covered by a single technical file.
  • A wider product range with multiple technical files
Will the Market Surveillance Regulation be implemented in the UK?
No, but the UK has said it is looking at similar measures.
When did the Market Surveillance Regulation come into force?

Compliance with the requirements of the MSR became compulsory for product sold within the EU from 16 July 2021.

If the Market Surveillance Regulation is not implemented in the UK, where does the requirement for marking the name and address of a responsible person within the UK come from?
All of the CE marking directives and regulations which were in force at the end of 2020 are now part of UK law so the requirement to identify a responsible person within the UK is inherited from the transposition of the CE marking requirements into UK law.
Who are the ‘market surveillance authorities’?
This varies from country to country. In the UK the MSA for most products used in factories, on building sites, in agriculture or in industry is the Health and Safety Executive, and for consumer products, offices and shops it is the local authority Trading Standards Service.
EMC and radio products are regulated by Ofcom and medical devices by the Medicines and Healthcare products Regulatory Authority (‘MHRA’). Similar organisations exist in most EU Member States. In some states (but not everywhere) customs officers also have enforcement powers for product safety.
What is the difference between the United Kingdom (UK) and Great Britain (GB)?
The United Kingdom is England, Scotland, Wales and Northern Ireland. Great Britain is just England, Scotland and Wales.
The legislation says there must be a ‘person’ who acts as manufacturer or authorised representative or other economic operator. Does that mean we have to identify a specific individual to undertake these tasks?
No. The responsible ‘person’ can be either a natural or a legal person. A ’natural person’ is an individual human (i.e. a ‘person’ in the normal sense of the word) whereas a ‘legal person’ is a registered company (or some other legally recognised organisation such as a limited liability partnership).
What about food, medicines, cosmetics, chemicals etc. Do they need a local representative?
These products are subject to different rules which are not explained here. Authorised Representative Service does not currenly represent these products.
My products do not need CE marking. Does the requirement for an Authorised Representative still apply?
Yes, in most cases the General Product Safety Directive (GPSD) applies and this mandates that product must have a ‘manufacturer’s representative’. This is basically the same function as an Authorised Representative.
If we sell into the UK and the EU do we need two names and addresses on the product (a UK and an EU one)?

Yes, you must include this information.

Can the address put on the product be a website link?
No, it has to be a physical location.
We sell in the UK only but sometimes our products are purchased by others and resold into Europe. Do we need two addresses on the product (one UK, one EU)?
No, it will be the importer’s responsibility to put their address on the products which are sold in Europe, not yours.
Does the name and address of the Authorised Representative have to be given on the Declaration of Conformity?
Yes, you must include this information.
Does the Authorised Representative have to sign the Declaration of Conformity?

No.

We are a UK company that sells into the EU via a distributor based in Germany. Does that distributor automatically become our Authorised Representative?

No. The legislation says that an Authorised Representative must have a written mandate from the manufacturer which describes the duties that the Authorised Representative is expected to undertake.

We manufacture and assemble electrical products in the UK. We self certify all our products and have a technical file etc. We sell some products in the EU, but only directly to the end user. Can we continue to do that without any EU representation if selling directly to the end customer and not via a dealer or importer?
No, you must appoint an Authorised Representative.
We are a subcontract manufacturer of electronic products based in Ireland. Most of our customers are in the UK. We do not do any design work, all our products are specified by the customer and we just manufacture to drawings supplied by them. Our products are only sold to the company which designs them, we never sell to others or on the open market. Do we need an Authorised Representative in the UK?
Your products are not being ‘placed on the market’ so no, you do not need a representative.
If the delivery paperwork has the importer’s name and address on it will that be sufficient?
The legislation says that the importer’s details must go on the product, in its instructions or on the packaging.
Does the technical file have to be kept on EU/UK soil?
No, the legislation does not specifically require this, it says that the manufacturer must keep the technical information “at the disposal of the market surveillance authorities and ensure that the technical documentation can be made available to those authorities, upon request”.
Our company works on the basis of dealerships. We have dealers across the EU. What happens if we do not appoint an Authorised Representative?
If you do not specifically appoint an Authorised Representative then your dealers will each have to take responsibility for the products they sell as if they were the importer. This means they will have to mark the machines with their name and address and act as the contact point in the event of a market surveillance action. You will need to supply them with copies of your declarations, and also a copy of the technical file if it is requested.
We have a distributor in Germany who also distributes similar products made by one of our competitors. Do we have to provide them with a copy of our technical file?
In theory the technical file information could be passed direct from you to the market surveillance authority, but this will only be possible with the co-operation of the distributor. If you want the information to remain confidential then you should appoint an Authorised Representative.
We import products from China and sell them under our own name in the UK and Europe. What are our obligations?
The fact that you re-brand the products means that you are the ‘manufacturer’ according to the CE/UKCA mark rules. You have to be able to show that your products meet the applicable directives and standards, and you have to issue a Declaration of Conformity in your name. If you continue to sell in Europe, you will have to identify an ‘economic operator’ to act as your point of contact with the market surveillance authorities and if you do not appoint an Authorised Representative then the company which was distributing your products before the end of 2020 will become your importer by default.
I am based in the UK and import products from China which I only sell within the UK. I know that sometimes products are purchased from me and shipped into Europe where they are re-sold. Do I have to appoint an Authorised Representative?
If you have no involvement in the resale or shipping of your product into Europe then no, you do not need an Authorised Representative.
I am based in the UK and import products from China which I only sell within the UK. I know that sometimes products are purchased from me and shipped into Europe where they are re-sold. Do I have to give my technical documentation to the re-seller if they get a request for it from a market surveillance authority?
No, not unless you have agreed this with the re-seller at the time of sale.
Must all CE marked / UKCA marked products imported into the UK have the importer’s name and address on them?
Yes, the importer’s name and address must be on the product, instructions or the packaging.
We import and re-sell consumer electronic goods into the UK and Europe. Do we have to supply instructions in paper form or can they be supplied via a website link?
Certain specialist goods are allowed to be sold with instructions in electronic format, but consumer products must have the instructions in paper form.
Do all instructions for products sold in the UK have to be in English?
Yes.
What is the difference between an ‘Authorised Representative’ and a ‘Responsible Person’?
‘Responsible Person’ is the term used in UK medical devices legislation to mean the same as ‘Authorised Representative’ in the Medical Devices Regulation.
Is it mandatory to appoint an authorised representative?

Appointment of an authorised representative, known as an AR is optional. Product manufacturers are required to identify an economic operator within the EU, however this doesn’t have to be an Authorised Representative. For full EU product compliance it is recommended to use an Authorised Representative.

What are the duties of an authorised representative?

The main duties of an European authorised representative (E.A.R) includes:

  • Providing a registered address within the EU
  • Maintaining all technical documentation available for inspection, which will be carried out by the European authorities
  • Completing needed registrations to national databases
  • Completing notifications to European authorities
  • Filing incident reporting
  • Representing the manufacturer towards the European Commission and bodies
  • Consultancy on EU regulations
Are authorised representatives GDPR compliant?

Yes, authorised representatives must comply with GDPR protocol at all times to ensure client confidentially.

How long does CE marking last for?

Once achieved, the issued CE certificate is valid for 3 years however, an annual inspection is required to ensure compliance.

Will the CE Mark expire?

As of 1st August 2023, the CE mark has been extended indefinitely and will not be replaced by the UKCA mark. The CE mark must be applied to all products but the UKCA mark is now optional.

Address

Address

Registered address on your product label

Expertise

Experts

Management and coordination

Compliance

Compliance

Declaration of conformity