What is an EU Authorised Representative and who must appoint one?

EU Regulation 2019/1020 on market surveillance and compliance of products came into force in July 2021 to improve the ‘policing’ of EU markets and product compliance. Annex I lists approximately 70 product Directives that are affected, including the Machinery, Electromagnetic Compatibility and Low Voltage Directives. Others cover products as diverse as ATEX equipment and toys.

Regulation 2019/1020 has important implications for manufacturers exporting to the EU. Specifically, it introduces requirements relating to an ‘economic operator’ established in the EU, without which goods cannot be placed on the market.

An economic operator is responsible for ensuring documentation is available, co-operating with market surveillance authorities and informing authorities if there are reasons to believe a product presents a risk.

An economic operator can be the manufacturer, importer, authorised representative (AR) or fulfilment service provider. Non-EU manufacturers are restricted to an importer, AR or fulfilment service provider.

For industrial products or those where compliance is complex, importers and fulfilment service providers are unlikely to be competent or willing to take on the responsibilities. If a manufacturer is reluctant to share intellectual property with an importer, an AR is the only option.

An AR is any natural or legal person established within the EU who has a written mandate to act on a manufacturer’s behalf. The AR must be competent to understand the documentation and ensure it is suitable for purpose, and must be capable of responding to enquiries from authorities.

To bolster market surveillance, the EU has established a Union Product Compliance Network, which makes it all the more important that requirements are met. If customs checks reveal there is no EU economic operator, goods can be held at customs.

Note that the Machinery Directive requires machinery to be marked with the name and address of the manufacturer and, where applicable, the authorised representative. In effect, this means the AR’s details must be provided on the manufacturer’s plate.

For non-EU manufacturers, Hold Tech Files Ltd is based in the Republic of Ireland and can act as an AR. In addition, it can be named as the person authorised to compile the technical file for products within the scope of the Machinery Directive.

To find out more, visit www.holdtechfiles.eu or email  derek@holdtechfiles.eu