If you are a manufacturer who is not based in the EU and you want to sell your products into the European Union, then you need to make sure that they conform to the EU safety Directives and Regulations in order to be able to place them on the market.
If you do not have your own entity within the EU, then you will need an EU based “Economic Operator”. An Authorised Representative is one of the options that you can appoint to satisfy this role and to act on your behalf in Europe. So, what is an Authorised Representative and what do they do?
What is an EU authorised representative?
An EU authorised representative, also known as EUAR or EU-AR is a natural or legal person who is established and located within the European Union (EU) who acts on behalf of a manufacturer who is located outside of the EU.
An EU authorised representative is a separate legal entity and is not actually apart of the business they represent. They act as a point of contact for the Market Surveillance Authorities (MSA) to have a legal connection with manufacturers who are based outside of the EU, should the MSA have any questions about a product and its conformity. Furthermore, the authorised representative is also required to verify the conformity of products and report on any issues directly to the manufacturer.
An authorised representative will complete tasks that are pre-agreed with the manufacturer and these must be outlined in a written mandate.
What are the responsibilities of an EU authorised representative?
An EU authorised representative has to perform the tasks that were set out in the original mandate between the two parties. Generally, the mandate allows for the EU authorised representative to complete the following tasks:
- Help obtain CE certification
- Review technical documents and the declaration of conformity
- Maintain the products technical documentation and EU declaration of conformity at the disposal of the national regulatory authorities for at least 5 years, however this can be 10 years for some products
- Provide the national market surveillance authorities with all information and documentation to demonstrate the products conformity
- Co-operate with the market surveillance authorities to eliminate risks posed by the product
- Produce a copy of the mandate to the national authority when requested
Furthermore, the EU authorised representative may be required to cover the following:
- Verify and ensure that the manufacture has complied with specific registration requirements
- Inform the manufacturer immediately about any complaints so these can be corrected
- Terminate the mandate if the manufacturer acts contrary to their obligations
- Immediately inform the competent national authority and the notified body that carried out the conformity assessment for the product of the termination
Do I need an EU authorised representative?
If your business is not based in the EU then you will need an ‘Economic Operator’ in order to sell your products into this market, and since Brexit, this includes any manufacturers in the UK. Many manufacturers prefer to appoint an Authorised Representative as they do not want their importers to have access to proprietary information and also importers may not want to take on the mandatory compliance responsibilities. Having an Authorised Representative is also a recognised alternative to identifying multiple importers on products.
There are now increased controls in place to ensure that any products sold into the EU have an official ‘Economic Operator’ who can verify the compliance of the product and co-operate with the authorities.
This applies to any e-commerce businesses as well as those with a physical presence in the EU.
What does a mandate include?
The mandate is usually several pages long and provides a highly detailed summary of both the manufacturer and the authorised representative responsibilities, duties and rights. The mandate must also include information allowing the identification of the product it covers.
The written mandate document may also define the arrangements for a change, addressing the following aspects:
- The date of termination of the outgoing EU authorised representative and the date of the beginning of the incoming EU authorised representative mandate
- The date until which the outgoing EU authorised representative may be indicated in the manufacturers information
- The transfer of documents, property rights and confidentiality aspects
- The obligation of the outgoing EU authorised representative after the end of the mandate to forward to the manufacturer, or incoming EU authorised representative any complaints or reports from users regarding reported incidents
What is the purpose of an EU authorised representative?
The primary purpose of an EU authorised representative is to ensure that there is someone reviewing the compliance documents before the products are sold within the EU. This is a serious matter and products must comply with the strict safety standards otherwise they will be banned until updated, re-tested and deemed safe.
What products require an EU authorised representative?
The following product categories require an EU authorised representative:
- Construction
- PPE (Personal Protective Equipment)
- Gas appliances
- Gas fittings
- Machinery
- Toys
- Energy related products
- Electrical equipment
- Pyrotechnic products
- Recreational craft
- Simple pressure vessels
- Weighing instruments
- Measuring instruments
- Radio equipment
- Pressure equipment
Additionally, non-EU sellers of the following products also require an authorised representative:
- Clothing
- Home textiles
- Children’s products
- Furniture
- Bikes
- Gym equipment
- Fitness equipment
- Consumer products
Do I need an authorised representative if I sell to EU businesses?
If you sell your products to a business and not directly to a consumer, you do not require an EU authorised representative. The EU company is likely the economic operator and this means that the EU company is primarily responsible for ensuring product compliance.
Do UK companies need an EU authorised representative?
Yes, as the UK is no longer an EU member, UK based companies cannot act as economic operators in the EU and therefore require an EU authorised representative.
Non-EU companies cannot act as an authorised representative.
Are EU authorised representatives mandatory?
As of 16th July 2021, and you are not EU-based, it is necessary to appoint an Authorised Representative who is based in the EU, EEA or Northern Ireland if you wish to sell goods into the EU market without using an importer or fulfilment service provider. This means they are required for anyone who sells online into the EU or ships directly to an end user.
An Authorised Representative must be a “natural or legal person” and must have the knowledge that is needed to carry out the job effectively, as any mistakes can lead to hefty penalties. You should make sure you speak to the person who will be your Authorised Representative to make sure you are comfortable that they are suitable to represent you and your business on an international stage. You must then sign a written mandate with them to give them the authority to act on your behalf.
Importing into UK?
In the main, the points outlined above are also applicable to the UK through the New Legislative Framework. So, if you are exporting into the UK, you must have UK-based representation.
Get in touch today
Our Authorised Representative Service has offices both in the UK and Ireland, making us easy to deal with and providing a one-stop-shop for manufacturers wherever they are in the world. We are specialists in EU and UK product safety legislation and offer a comprehensive service to ensure that your product meet the requirements ready for market in the European Union.
Get in touch with us today to find out more about how we can help you and your business.