Since April 2016 the role of an Authorized Representative has been changed. As the new Blue Guide has defined all Economic Operators and all obligations and responsibilities has been defined. This means all parties have other obligations and this has also a effect on the role of Authorized Representation.
The Blue Guide indicates the following:
“Whether the manufacturer is established in the EU or not, he may appoint an Authorized Representative in the Union to act on his behalf in carrying out certain tasks required in the applicable Union harmonization legislation. A manufacturer established outside the European Union is not obliged to have an Authorized Representative.
For the purposes of Union harmonization legislation, to be able to act on behalf of the manufacturer, the Authorized Representative must be established inside the Union. Commercial representatives of the manufacturer (such as authorized distributors or agents), are not to be confused with the Authorized Representative in the meaning of Union harmonization legislation.”
All tasks of an Authorized Representative are administrative and the main task is to keep the Technical Documentation and have the contact with the competent national authorities. Furthermore, the Authorized Representative can affix the CE-marking and draw up the EC Declaration of Conformity.
As due the changes in the legislation, the role of an importer has been more important. This means a manufacturer will be the responsible party with regard to the CE-marking, however the importer should ensure this is carried out correctly. Further, the importer should have access to the Technical Documentation and when the competent national authorities have any questions, they will contact the importer.
In many occasions the manufacturer does not want to obligate the importer with all of the responsibilities. In this case the Authorized Representative is a solution for the manufacturer to ensure they will be the responsible party in Europe with regard to any related issues and questions from the competent national authorities. Further, they will have the Technical Documentation.
Advantages of an Authorized representative:
- Your importer has less responsibilities
- The Technical File is available in Europe
- When national authorities have questions, you have a contact point in Europe
- Can affix the CE-marking and draw up the EC Declaration of Conformity