Authorised representative: A guide to AR services for the EU and UK
Over the last decades, international trade (and in particular online sales and sales via online marketplaces) has taken a massive leap. The risk of unsafe products entering the market therefore increased. At the same time, it was very difficult for authorities to contact the responsible entities with regard to these products. Selling products in the European Union (EU) and the United Kingdom (UK) therefore now involves adhering to strict regulatory requirements.
One critical aspect is appointing an authorised representative (AR) if no other economic operator is present in the market (EU or UK). This guide provides comprehensive information on the role of the AR and the regulations in both the EU and the UK.
An unsafe product: In 2018, four children were killed in accidents involving the “Stint” in the Netherlands. Investigations revealed that the vehicle did not meet safety requirements.
What is an authorised representative?
An AR is any legal or natural person, established within the market, who has received a written mandate from a manufacturer to act on their behalf in relation to specified tasks regarding the manufacturer’s duties under the relevant legislation.
The EU AR acts as a liaison between a manufacturer and a national authority within the EU when the company does not have any presence in the European Union. Variations of “EU authorised representative” are for instance “EU responsible person” and “Amazon Responsible Person (ARP)”.
The UK AR acts as a liaison between a non-UK manufacturer and a national authority within the UK. The UK AR can also be assigned to specific tasks that the importer cannot or does not want to perform. The product can display the AR’s details instead of the importer’s, if preferred. Variations of “UK authorised representative” are “UK responsible person” and “UK/UKCA representative”.
ARs are key players in facilitating international trade across the EU and the UK.
When do you need an AR?
If you are a foreign producer of goods intended for the EU or the UK market, you must have a local legal representative for most products. The regulations in the EU and the UK are similar, but there are differences.
Do I need to appoint a UK authorised representative (UK AR)?
Many businesses sell their products directly to their customers/end users, or via fulfilment service providers such as Amazon or Alibaba. In the case of shipping directly to end users in the UK, no UK AR is needed. Please note that professional end-users who put “products into service” may be considered importers according to some UK product legislation.
When not shipping directly to end users, the manufacturer has three options for complying with the need for UK-based contact details on the products:
Do I need to appoint an EU authorised representative (EU AR)?
There are four different economic operators (manufacturer, importer, AR and fulfilment service providers) described in Regulation (EU) 2019/1020. The flowchart below indicates how the regulation determines who is the EU-based economic operator for a certain product. It shows that any of the four responsible economic actors can perform this role. However, unless one of them does, you are not allowed to sell the product(s) in the EU market!
The economic operator across different supply chain frameworks
In the EU, it used to be allowed to sell products directly to end-users without having an EU based operator in place. However, this changed with the new General Product Safety Regulation (GPSR). The General Product Safety Regulation (in force from 13 December 2024 onwards) requires all consumer products to have an EU-based economic operator.
Products requiring an AR
This list is not exhaustive and ARs can be assigned for more products. For example, the German national product safety law states that the name and contact address of the authorised representative (or importer) need to be indicated on all consumer products if the manufacturer is not based in the European Economic Area.
If you are unsure about your specific product, please don’t hesitate to contact us so we can get back to you with an explanation for your specific needs:
What are the tasks of an AR?
Regulation (EU) 2019/1020 (a very important regulation for all ARs) describes the tasks the EU AR is responsible for:
The UK AR has similar tasks and responsibilities as the EU AR. A manufacturer may ask an appointed AR, among other things, to affix the UKCA marking and to draw up and sign a UK DoC.
Some of the additional tasks of an AR, as described in other legislation, may include:
The exact tasks will be laid out in the contract you sign. Make sure you understand these before proceeding. The possible responsibilities of the AR are not limitless. The AR is for example never responsible for safety and compliance. Please note: The AR is jointly liable for medical devices and there is a proposal for a new product liability directive that will change this in the future.
The AR is indicated on the packaging.
Key regulations governing UK ARs
UK Product Safety and Metrology Regulations: Although the UK has not and will not implement regulation (EU) 2019/1020, they will still apply a market surveillance framework based on decision EC 765/2008 (the New Legislative Framework). Since Brexit, the UK requires non-UK businesses to have a UK-based economic operator.
What is an economic operator?
An economic operator is the manufacturer, importer, AR, distributor, fulfilment service provider, 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 Union harmonisation legislation. Contrary to the EU, the UK doesn’t include fulfilment service providers in their definition of economic operators.
Manufacturers wishing to sell their products within the UK, but who are based outside the UK (including those based in the remaining 27 EU member states), must have representation within the UK. The UK regulation further requires importers that place goods in the UK market to be identified on the product or packaging.
Sell your product in Europe directly, online, or via a fulfilment service provider confidently. We will take care of the legal requirements and regulations enforced by the EU authorities.
With offices in both the EU (Umeå, Sweden, the Netherlands) and the UK (London, England), we can provide you with both addresses, so you can do business easily anywhere in the EU and/or UK.
Key regulations governing EU ARs
With regulation (EU) 2019/1020 and GPSR (2023/988) in force, almost every business from outside the EU selling products directly or indirectly (for example through e-commerce platforms) must have an economic operator located in the EU. This operator acts as a liaison between the manufacturer and any national authority within the EU. In most cases, this operator will either be an importer or an AR. The address of the economic operator must be clearly visible on the product or packaging.
Article 4.5 of the regulation lists the Union harmonisation legislation that mandates an EU-based economic operator. According to this regulation, fulfilment service providers, such as Amazon, are considered “economic operators”. Whenever you sell a product on any such service, they will be considered the responsible economic operator if no other has been designated. As the economic operator, they have certain duties, which they often prefer not to have. Hence, most e-commerce platforms started actively checking, among other things, if the products sold on their platforms include the address of an economic operator.
Do I need an AR before my product is placed on the market?
When is a product considered to be “placed on the market”?
The definition from Regulation (EU) 2019/1020 states “the first making available of a product on the Union market”, while the UK guidance is clearer: “an individual, fully-manufactured product is placed on the market when it’s first made available for distribution, consumption or use on the UK market in the course of a commercial activity, whether in return for payment or free of charge.”
We can conclude that the product is considered to be placed on the market when the importer offers the product for sale. An online seller places a good on the market when it is marketed to end-users on their website or on online platforms. This means that goods generally need to be compliant with UK and EU legislation before they reach the market.
Timing is crucial, that’s why we offer UK and EU AR services within 24 hours!
Legal pitfalls of failing to appoint an AR
Neglecting to appoint an AR can result in several complications, including:
How to avoid legal complications?
Other aspects to consider before entering the market
Complying with product regulations can be challenging, but it’s crucial. An AR with up-to-date knowledge of regulatory affairs and legislation, coupled with a strong network and good connections in the EU, the UK or both can help you navigate these complexities.
If your business is based outside the EU or the UK and you sell through an importer, the importer might offer to handle the tasks discussed above. However, opting for an “independent” AR may still be a valuable option: you might not want your importer to have access to your full technical file, as it can contain essential business knowledge. Additionally, the importer may not be the most suitable candidate to fulfil the required duties due to lack of specific knowledge. Checking the technical file and communicating with market authorities is often complex.
Authorities will continue to tighten regulations for products entering the market. Choosing a competent AR who can help you stay compliant is more important than ever and could be essential for the future of your company.
Understanding and complying with the regulatory requirements for selling products in the EU and the UK is crucial for non-European manufacturers and exporters. By appointing a competent AR, you can ensure your products meet all necessary standards, avoid legal pitfalls, and facilitate a smooth market entry.