UK & EU AUTHORISED REPRESENTATIVE SERVICES

An Authorised Representative is required to help the market surveillance authorities such as consumer protection and health and safety authorities trace, question and cooperate with overseas manufacturers when dealing with dangerous imported products.

Market surveillance means the enforcement of legislation on products and services by authorities to ensure safety, public security, consumer and environmental protection, and fairness of competition.

All CE-marked products imported into the EU must be represented. The first person to handle them after they have crossed the EU border is regarded as the ‘importer’ and should normally represent them. If this is not practicable or they are sold directly to the end user (e.g. online) then the manufacturer must appoint an Authorised Representative.

Imported products that are not covered by CE legislation are known as ‘General Products.’ If they have an importer, distributor or other manufacturer’s Authroruised Representative in the EU, then that person must represent them.

If they are supplied from outside the EU directly to an EU end user, e.g. online, then they don’t need representation.

Before BREXIT, The EU and UK were both in the EU single market and customs area, known as the European Economic Area (EEA.) Manufacturers established in the EEA, including the UK, could represent their products all over the EEA. Only non-EEA manufacturers needed an Authorised Representative.

In 2021, Britain left the EU and EEA and formed the UK internal market. Goods crossing the channel became “imported goods” UK manufacturers were no longer established in the EEA and UK product legislation changed to require representation in the UK. EEA and GB manufacturers without a registered company across the channel needed to find one to represent their products.

It is an amendment of the EU single market rules (the New Legislative Framework) to strengthen market surveillance, particularly of imported and online products. The main change for suppliers of products is that all imported, CE-marked products must be represented by an Authorised representative or other ‘economic operator’ in the EEA.

Other changes concern the market surveillance and customs authorities and include:

• improving coordination and cooperation between member states
• increasing the powers and responsibilities to deal with dangerous products
• providing some EU funding

Yes, as long as they can fulfil the ‘obligations of an importer.’ They are then regarded as an importer rather than a distributor.

Distributors can only sell products represented by the manufacturer or Authorised Representative. They only need to check information supplied with the products such as markings of the identification of the manufacturer, product type and CE/UKCA marking (if required) and adequate instructions in the correct language.

The New Legislative Framework (NLF) contains the principles of CE marking and now UKCA marking including the “obligations an importer”

• Ensure the appropriate conformity assessment procedure has been carried out by the manufacturer.
• Check the manufacturer has drawn up the appropriate technical documentation and affixed the relevant conformity and identification markings.
• Check the manufacturer has fulfilled their traceability obligations.
• Check that, where relevant, product instructions and safety information have been provided in a language easily understood by consumers and other end-users.
• Ensure an EEA or UK name and address is placed on the product, its packaging or accompanying documentation.
• Ensure the declaration of conformity and technical documentation can be delivered to the competent national authority upon request.
• Take and cooperate with actions to rectify, withdraw, or recall dangerous and non-compliant products and inform the authorities and supply chain.

Since 1^st January 2021 economic operators in both the EEA and UK have been required to provide this representation to EU and UK authorities

Authorised Rep Compliance can take on these extra importer obligations as your Authorised Representative in Europe so your distributors do not need to.

EU 2019/1020 mostly affects CE-marked products that are purchased online from outside the EU or otherwise imported into the EU without an EU importer or distributor.

No, although the details of the importer or Authorised Representative can be included on the declaration, it is not a requirement. They must be displayed on the product itself if possible. They can only be on the packaging or an accompanying document instead if the product cannot be marked.

The Declaration of Conformity is produced by the manufacturer as a statement that the product meets the essential requirements of the relevant legislation and standards. This is to allow market surveillance authorities to contact that person if there is a problem with the product.

If your EU distributors and retailers are prepared to take on the obligations of the producer then the answer is no. These obligations include checking the safety of the product, marking their name and address on it and dealing with consumer protection authorities. If they cannot take on these obligations or you do not want to use them as your importer then you must appoint an AR.

If your UK distributors and retailers are prepared to take on the obligations of the producer then the answer is no. These obligations include checking the safety of the product, marking their name and address on it and dealing with consumer protection authorities. If they cannot take on these obligations or you do not want to use them as your importer then you must appoint an AR.

Here’s how ARC handled it for our client Sendmex, to show exactly what we can do for you:

1. Initial Contact
   The DSTA (Danish Safety Regulation Authority) reached out to Sendmex because their CE-marked products on the EU market bore no Authorised Representative details on the label.
2. Engagement of ARC
   Sendmex promptly appointed Authorised Rep Compliance as their EU Authorised Representative.
3. Official Response
   ARC drafted and sent a formal letter to the DSTA:
   • Explained the appointment of ARC.
   • Requested a reasonable extension to compile the missing documentation.
4. Documentation Support
   We worked closely with Sendmex to:
   • Gather all required technical files.
   • Prepare and sign the EU Declaration of Conformity.
   • Update product labelling (online and on-device) to include ARC’s details.
5. Closure with the Authority
   The authority confirmed that, with our documentation in place, no further action was necessary.

Takeaway: If you’re ever contacted by a Market Surveillance Authority about missing AR details or documentation gaps, ARC will step in immediately—liaising with the authority, securing you extra time, and delivering all required conformity files to bring you back into full compliance.