Authorised representative: A guide to AR services for the EU and UK
What is an authorised representative?
An authorised respresentative (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 has no presence in the European Union. The terminology varies for “EU authorised representative services”: “EC rep services”, “EU responsible person”, “Amazon Responsible Person (ARP)”, and “CE authorised representative services” all refer to the same regulatory function.
The UK AR acts as a liaison between a non-UK manufacturer and a national authority within the UK. The importer can assign the UK AR to specific tasks that they cannot or do not want to perform. The product can display the AR’s details instead of the importer’s, if preferred. Variations of “UK authorised representative services” are “UK responsible person”, “UK/UKCA representative” and “UKCA authorised representative services”.
AR masterclass
If you are curious to learn more about ARs and why you need an address in the EU and the UK before marketing your products there, you can also watch the following video webinar by 24hour-AR co-founder Ferry Vermeulen:
- What is an authorised representative?
- AR masterclass
- Introduction
- When do you need an AR?
- Products requiring an AR
- What are the tasks of an AR?
- Do I need an AR before my product is placed on the market?
- Legal pitfalls of failing to appoint an AR
- Other aspects to consider before entering the market
- Conclusion
- Frequently asked questions
- Q&A section
- 2 Comments
- Ask Your Question now Cancel reply
Introduction
International trade, particularly online sales and marketplace transactions, has expanded significantly in recent years. This growth has increased the risk of unsafe products entering the market while authorities struggled to reach responsible entities for all these products. To ensure compliance, businesses selling products in the European Union (EU) and the United Kingdom (UK) must now meet strict regulatory requirements.
One critical aspect is appointing an AR if no other economic operator is present in the EU or UK market. This guide explains the role of an AR and the regulations in both the EU and the UK.
In 2018, four children tragically lost their lives in accidents involving the “Stint” in the Netherlands. Investigations later confirmed that the vehicle failed to meet essential safety requirements.
When do you need an AR?
If you produce goods for the EU or UK market, you need a local legal representative for most products. The regulations in the EU and the UK are similar, but there are differences.
ARs are key players in facilitating international trade across the EU and the UK.
Do I need to appoint a UK authorised representative (UK AR)?
Many businesses sell their products directly to customers. They also often use fulfillment services like Amazon or Alibaba. When shipping directly to end users in the UK, you do not need a UK AR. Please note that some UK laws may classify professional end-users who put products into service as importers.
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 and the UK, 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.
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.
Author Ferry Vermeulen is the Co-Founder of 24hour-AR, a company dedicated to providing authorised representative services as well as CE marking services. With a background in industrial design engineering, Ferry specialises in facilitating swift compliance with EU regulations, enabling manufacturers to enter markets seamlessly.
Frequently asked questions
Q&A section
Any unanswered questions? Let us know below and we will get back to you:
I’m a UK-based sole trader sewing bags and small pouches from rubber (used bicycle inner tubes – butyl rubber). They don’t fall within the list of products on your website that require an AR, but would like a definitive answer to ensure i’m compliant in selling to the EU. My direct sales to EU customers are infrequent.
Hi Sylvia! Yes, products like bags and pouches require an authorised representative in order to sell them to the EU, regardless of sales volume.