Authorized Representative is a natural or legal person who acts on behalf of the manufacturer to
comply with the EU & UK Directives.
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:
Use their own contact details (if they have a UK-based entity).
Affix the information of the importer. The importer should then have access to the technical documentation of the product and be prepared to answer to authorities.
Appoint a UK AR. Officially, the importer then still needs to add their own information on the product. However, it is generally considered enough to comply with the legislation to just add the AR’s details.
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
Appliances burning gaseous fuels
Construction products
Electronic products
Energy-related products
Equipment and protective systems intended for use in potentially explosive atmospheres
Machinery
Measuring instruments, such as most beverage glasses, pints, etc.
Non-automatic weighing instruments
Personal protective equipment, such as sunglasses, gloves and face masks
Pressure equipment
Pyrotechnic articles, such as fireworks
Radio equipment
Recreational craft and personal watercraft
Simple pressure vessels
Toys
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 describes the tasks the EU AR is responsible for:
Verifying that the Declaration of Conformity (DoC) or Declaration of Performance (DoP) as well as the technical documentation have been drawn up.
Providing all documentation necessary to demonstrate the conformity of the product if the market surveillance authority requests information.
Cooperating with the market surveillance authorities to mitigate the risks presented by the product when required to do so or on own initiative.
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:
Communicating with the market surveillance authorities on behalf of the company.
Carrying out a technical document review.
Drawing up an AR agreement and authorising the company to use their address on their product packaging.
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!
Neglecting to appoint an AR can result in several complications, including:
Customs denials: products may be denied entry or destroyed if they do not have a valid economic operator address.
E-commerce restrictions: platforms like Amazon may block your products if they lack the necessary compliance information.
Product recalls: regulatory authorities can mandate product recalls if they discover non-compliance during market surveillance checks.
Fines and penalties: non-compliance can result in significant fines and penalties imposed by regulatory authorities.
Reputational damage: being associated with non-compliance can harm your brand’s reputation and customer trust.
Operational delays: non-compliant products delayed at customs can affect your business operations.
How to avoid legal complications?
Appoint an AR to avoid any hassle: ensure you have a valid AR for the EU and/or UK market before your goods enter the market.
Label products correctly: clearly display the AR’s address on products, packaging and/or accompanying documents.
Maintain up-to-date documentation: regularly update your technical files and compliance documents to meet current regulatory standards. An AR can assist with this.
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.
Conclusion
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.
Frequently asked questions
If you are a business from outside the EU or UK selling products directly or indirectly in these markets and you don't have a legal point of contact yet within the EU or UK (such as an importer), then you need an AR for many products.
Yes, we can certainly help you with this as we offer UK AR services through subsidiary 24hour Solutions Ltd. Contact us here.
We offer services in, amongst others, the following product groups.
Toys
Electrical and electronic equipment
Machinery
Measuring equipment
Personal protective equipment
Construction products regulation (CPR)
Textiles
And many more
The following products are currently not supported. However, we partner with other companies that do so please contact us for more information.
Cosmetic products
Medical devices
Food products (that you can eat)
Biocides, paint and other chemical products or solvents
Cosmetics
Pharmaceuticals
Maybe. The below directives are special in the sense that you need to register with an AR locally in each country of sale, if you do not have an importer who is geographically placed in the country, this can be a bit of a hassle. However, we partner with other companies that help out with this part, please contact us for more information.
Waste electrical and electronic equipment directive – 2012/19/EU
Battery directive
Packaging and packaging waste
We can help you determine if your product falls under these regulations. Contact us here.
Having an AR is one of the many requirements that you need to comply with to access the European market. The area of compliance is very complex and most of the time the product needs to comply with several directives or regulations. Understanding the requirements are therefore essential and the very first step in CE or UKCA compliance. The 6-step UKCA/CE marking process specifically describes this as the primary first step:
Find the directive(s) that applies/apply to your product.
Identify the essential requirements for your product.
Determine if you need third-party certification.
Assess product conformity.
Create and maintain technical documentation.
Declaration of conformity & affixing the CE/UKCA Mark.
Do you want to know more about how we can help you comply? Click here to read more.
You can place the address on the packaging, product and/or any accompanying document.
Upload your technical files. A technical file typically includes, but is not limited to, test reports, a user manual, etc.
The review that is part of our service is only for verifying the presence of a technical file. The content as such is not reviewed on completeness and authenticity and the responsibility and liability remains with the manufacturer.
A gap analysis for determining that all requirements in the directives and regulations or a full compliance check can be performed at an additional cost. Please contact us for more information.
Besides our AR services, we offer testing, consulting, certification and labeling, quality assurance and inspection services.
We provide simple, reliable and affordable compliance solutions for various types of products.
Before you sell your products, you must ensure they meet the rules, regulations, and laws of the market where you sell your products.
Once you have registered and made the payment, you will automatically receive an email to upload your files.
Once you have registered and made the payment, you will automatically receive an email to upload your files.
The annual fee depends on the number and type of products but the following is generally true: - Up to 20 products 1650€ - Up to 50 products 2750€ - Up to 1000 products 3850€
Please reach out to us for a quote! The fee includes guaranteed fast and professional service, and we:
verify the Declaration of Conformity and technical file
store the documents for 10 years
provide the legal use of our address
You receive a discount when you purchase both our EU and UK AR services.
Yes, that's due to Brexit. But EU businesses also need an AR in the GB market.
We ask you to register through our website and complete the payment. You will then
automatically receive an email to upload your technical file. Once received, we
review the technical file within 24 hours. After reviewing (but within the 24 hours) we
send you the AR Agreement.
Amazon uses ‘responsible person’ on their website, by which they mean the economic operator. This can either be the manufacturer, importer or AR.
No, the legislation also applies to B2B businesses.
An authorised representative (AR) is a legal entity within the EU or the UK that acts on behalf of non-European manufacturers to ensure compliance with regulatory requirements.
Without an AR, your products cannot legally enter the EU or the UK markets. An AR verifies that the Declaration of Conformity (DoC) and technical documentation have been drawn up and acts as a liaison with regulatory authorities. If gaps are found during verification, further support to ensure that the product meets all regulations and standards can be provided as part of additional compliance services.
Customs clearance: Products without a valid economic operator address may be denied entry, destroyed, or recalled during customs inspections.
Market surveillance: Regulatory authorities in the EU and the UK perform regular checks to ensure product compliance. An AR acts as a point of contact for these authorities.
An AR requires the Declaration of Conformity (DoC), technical file, and other product-specific documentation to verify compliance with regulatory requirements.
The costs of appointing an AR vary depending on the number and type of products. It’s important to understand the fee structure and services offered by the AR. Check our pricing page to see our costs.
