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Authorised Representative

A number of EU Directives refer to the legal compliance activities being performed by the manufacturer or his Authorised Representative.  The role or legal position of the Authorised Representative is dictated by the contractual arrangement with the manufacturer.  This may only be a sales function and not include legal compliance activities.  Equally it may be the reverse or both.  The Authorised Representative only becomes an EU compliance issue where he has been appointed to perform this function.  In this case he may be held responsible for preparing compliance documentation and holding it in the EU.  If he is simply representing the interests of the manufacturer and the EU activities are being performed by another person in the EU then he may be located outside the EU.  If he is simply "in loco" manufacturer in a non EEA country then he cannot perform the functions that simply must be performed by a resident in the EEA. 

As can be seen this is a complex subject and can only be covered briefly on our website. It is highly recommended that expert advice be sought prior to exporting any material into the European Union which has not previously been officially CE marked. It ONLY applies to manufacturers OUTSIDE the European Union.

Someone has to accept legal responsibility for the compliance of a product that is supplied and taken into service in the EU.  This person, if not specified could be the importer, user or the first person who places the product on the market.  It may easily be someone not appointed by the manufacturer who is responsible by default.  He is the Responsible Person.  To clarify matters, the key consequence of the above is that it is highly desirable that responsibilities for all products covered by EN Directives manufacturers appoint an Authorised Representative with the authority to act on their behalf and issue Declarations of Conformity (DOC's) for the products concerned.

Note also that there are differences between the responsibilites of Authorised Representatives from one Directive to another.

Failure to follow the requirements of applicable EU Directives and importation of non CE marked products into the European Union can have serious legal consequences which can result in confiscation of goods and, in serious cases, a fine.

Eurolink (Europe) can assist you through this complex process and help you to ensure that you are fully compliant with all European Union certification requirements. To receive additional advice please Contact us.