Product safety and the role of the authorised representative

Are you the authorised representative of a manufacturer in the EU? And does the manufacturer put products (non-food) on the market with your help? Then you must meet the requirements for product safety.

What is an authorised representative?

Manufacturers are legally obliged to ensure their products are safe. An authorised representative (AR) is a company or person established in the EU who takes care of certain administrative tasks on behalf of a manufacturer. Usually manufacturers make use of an AR if they want to sell a product in the EU, but are not established in the EU. The manufacturer can instruct an authorised representative to carry out administrative tasks. For example, keeping the technical file that is required to comply with the EU legislation on product safety.

Manufacturers who are established in the EU, for example with a branch office, can also appoint an AR.

Put your contact details on the product

As an AR you must put your contact details on the packaging, on the product itself, or in a document accompanying the product. This way consumers or supervising authorities can contact you if they have any questions about the product. If a supervising authority (regulator) has questions about the product you must be able to provide all information requested.

Required duties of an AR

An authorised representative is only allowed to perform the administrative tasks the manufacturer assigned to them in writing beforehand. The manufacturer remains responsible for how the product is made (the manufacturing process) and for the product’s safety.

You are an AR if the manufacturer has authorised you to carry out at least these tasks:

• Provide information to the supervising authorities: If a supervising authority requests information about the safety of a product, you must provide it. This concerns the product’s EU declaration of conformity and the technical file. You must keep the technical file for at least 10 years.
• Help prevent risks: Are consumers who use the product at risk? For example, could they be injured if they use the product in a different way than intended? Then you must help the supervising authorities to prevent those risks.
• Report risks yourself: Do you think there are risks involved in the use of a product? You must report this to the supervising authorities via the EU Safety Gate platform.

Extra duties for an AR

A manufacturer can also authorise you to carry out additional administrative tasks. For example, affixing CE marking, or drawing up an EU declaration of conformity.

What is outside the AR's scope?

Because the manufacturer remains responsible for the product’s safety, you are not allowed to:

• change products or manufacturing processes
• draw up a technical file