Do you need a UK Authorised Representative when selling in the UK

This article describes what a UK authorised representative is, when you need one and what they can do for you when selling your products into the GB market.

What is a UK authorised representative?

A UK authorised representative (AR) is any legal or natural person, established within the GB market, who has received a written mandate from a manufacturer to act on its behalf in relation to specified tasks regarding the manufacturer’s duties under the relevant legislation.

The UK authorised representative acts as a liaison between a non-UK manufacturer and a national authority within the UK. 

Although the GB regulation requires importers that place goods in the GB market to be identified on the product or packaging,  additionally, an authorised representative can be assigned to act on behalf of the manufacturer in relation to specified tasks that the importer cannot or will not perform. 

Variations on a UK authorised representative are a UK responsible person and a UK/UKCA representative. 

What is a UK responsible person?

A UK responsible person is a person with the authority to act as a liaison between a manufacturer of medical devices or cosmetics based outside the UK and a national authority within the UK. They are a natural or legal person established within the UK.

A UK responsible person has received written approval from a manufacturer to act on its behalf in relation to specified tasks regarding the manufacturer’s obligations under the relevant UK legislation.

What is a UK/UKCA representative?

A UK/UKCA representative is the same as a UK authorised representative, but the term UK/UKCA does not officially exist in legal documents.  Therefore the official term authorised representative should be used.

When do I need an authorised representative in GB?

Manufacturers wishing to sell their products within GB, but who are based outside the UK (including those based in the remaining 27 EU member states), must have representation within the UK.

GB requires an economic operator located within the UK when selling most products in the GB market. 

Due to Brexit, European sellers (and sellers from other markets) that sell products to GB need a UK-based economic operator to sell their products legally.

An economic operator is the manufacturer, importer, authorised representative, distributor, or any other natural or legal person who is subject to obligations in relation to the manufacture of products, making them available on the market, or putting them into service in accordance with the relevant regulations.

Most GB regulation requires importers that place goods in the GB market to be identified on the product or packaging. 

Additionally, an authorised representative can be assigned to act on behalf of the manufacturer in relation to specified tasks that the importer cannot or will not perform

What does a UK authorised representative do?

What are authorised representative tasks for the UK market? Authorised representatives can be appointed a number of responsibilities and tasks with regards to UK market surveillance.

The authorised representative obligations can be broken down into 10 points:

  1. They can verify if the UK declaration of conformity or declaration of performance and technical documentation have been drawn up for products that are required to have these documents in place.
  2. They can carry out a technical document review and verify completeness and correctness of the technical file.
  3. They can be appointed to draw up and sign the UK declaration of conformity and affix the UKCA marking.
  4. They can communicate with the market surveillance authorities on behalf of the company. 
  5. They can register the product with the appropriate competent authority.
  6. They are obligated to keep the declaration of conformity or declaration of performance at the disposal of the market surveillance authorities for the period required by the legislation.
  7. They must ensure that the required technical documentation can be made available to the market surveillance authorities upon request.
  8. They must provide the market surveillance authorities with all relevant information and documentation to demonstrate a product’s conformity. 
  9. They must cooperate with market surveillance authorities to ensure that the immediate, required, corrective action is taken to resolve a case of non-compliance with the applicable legislation.
  10. They can perform any other tasks that are outlined in the written agreement between them and the manufacturer.

It is important to know that certain industries have more specific regulations, depending on the type of products sold. Any specific regulations must be taken into account by authorised representatives.

The official tasks and responsibilities of your UK AR will be laid out in the contract you sign, so make sure you read it thoroughly and understand it before proceeding.

What are authorised representative tasks for the UK market?

Authorised representatives for the UK market (UK AR) have similar tasks and responsibilities as EU authorised representatives.

A manufacturer may ask an appointed UK AR to:

  1. Affix the UKCA marking
  2. Draw up and sign a UK declaration of conformity
  3. Store the necessary technical documentation
  4. Cooperate with market surveillance authorities

Which documents does a UK representative require?

First of all, a UK authorised representative will require the company that they represent to sign a contract: a so-called UK AR agreement.

When the UK AR agreement takes the starting points as determined in regulation (EU) 2019/1020 into account, the UK authorised representative will ask you to submit the UK declaration of conformity and technical file. The AR will verify if the UK declaration of conformity and technical file have been drawn up.

What are the criteria for a UK company to act as an authorised representative?

A prerequisite for a company to act as a UK authorised representative is that they must be based in the UK. The AR should also have experience with UK product safety legislation.

With an office in the UK, 24hour AR can act as your AR for the GB market.  

As well as offering AR services, we offer other compliance services, such as legal consultancy, full CE/UKCA Marking support, testing and creating user-friendly and well-designed user manuals that meet legal requirements. We have over 25 years of experience regarding all things related to compliance. 24hour-AR is your full-service compliance partner for the long term.  

For more information about our services, Click Here to Contact Us.

How much does an AR in the UK cost?

The annual fee 24hour AR charges depends on the number and type of products but the following is generally true:

  • 1650 euro for 1 up to 20 products.
  • 2750 euro for 21 up to 50 products.
  • 3850 euro for 51 up to 1000 products.
  • 1650 euro for bespoke one-off machinery (one-time cost)

How do I know if I need an AR when selling to the UK?

Most GB regulation requires importers that place goods in the GB market to be identified on the product or packaging. 

Additionally, an authorised representative can be assigned to act on behalf of the manufacturer in relation to specified tasks that the importer cannot or will not perform. 

When having several importers, not allowing an AR may lead to impracticalities. With the help of the UK AR the product can enter GB, but to comply fully the importer needs to place their address on the product.

Another reason for manufacturers to have an AR is they may not want their importer to see all their technical documentation.

Also, an importer may be reluctant to be put in a position where they have to deal with an MSA action

Do UKCA market products require an authorised representative?

Having an AR is not mandatory in GB but optional. 

As mentioned above, the GB regulation requires importers that place goods in the GB market to be identified on the product or packaging. These address rules have been emphasised in post-Brexit regulations.

Additionally, an authorised representative can be assigned to act on behalf of the manufacturer in relation to specified tasks that the importer cannot or will not perform. 

Which products in the UK require an authorised representative?

As mentioned, an authorised representative is optional in the UK, but in principle, an AR can be appointed for all products falling under UKCA marking.

Are there any more products apart from those falling under UKCA marking? We believe so. To explain why, we have to look at the General Product Safety Directive (GPSD). 

In GB, the (EU) GPSD has been incorporated into UK law by the General Product Safety Regulation 2005.  

When looking at the definitions in the GPSD, you see that the producer is either the manufacturer of the product (when he is established in the Community), the manufacturer’s representative (when the manufacturer is not established in the Community) or, if there is no representative established in the Community, the importer of the product.

In other words, if the manufacturer is not based in the EU, the importer automatically becomes the producer if the manufacturer has not appointed an authorised representative.

When interpreting the GPSD, it can be concluded that for  all products to which the GPSD applies, a UK AR may be appointed.  

Which products do not require an authorised representative?

Many businesses sell their products directly to their customer or the end user, or via fulfilment service providers such as Amazon or Alibaba. In these cases of shipping directly to end users in GB, no economic operator is needed, which is similar to how the EU legislation works.

Are Authorised Representatives in the EU recognised in the UK?

The UK does not recognise authorised representatives and responsible persons 

based in the EU.

Where can I download a UK authorised representative agreement template?

A UK authorised representative agreement is a contract that defines the agreements between an UK-based AR and a non-UK based manufacturer.

The agreement outlines the authorised representative’s tasks and responsibilities, and what is required from them to uphold compliance.

Click here to download an EU-AR mandate agreement template.

Click here to download an UK-AR mandate agreement template.

Get a signed AR agreement from 24hour-AR in just 24 hours 

We have implemented a streamlined approach for signing us as your UK AR. Our user-friendly web application is key to our promise of an UK AR agreement within 24 hours. It also lets you see what our services will cost before contacting us. This will hopefully be helpful in your search for the right AR for your business. 

By Ferry | February 12, 2023
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