MACHINE MANUFACTURERS
AND THE NEED FOR EU AUTHORISED REPRESENTATIVES
If you export to the European Union, you may have heard about EU Authorised Representatives and be wondering what they are. How do they differ from distributors or importers? What do they have to do? Who should have one and how are they appointed? In this article we will explain the regulatory requirements and what you need to know about Authorised Representatives.
All the talk about Authorised Representatives( ARs) stems from the European Union( EU) Regulation 2019 / 1020 on market surveillance and compliance of products. This came into force on 16 July 2021 with the aim of improving the‘ policing’ of markets in the EU to ensure products comply with applicable regulations and directives. Although Regulation 2019 / 1020 has been in force for over four years, there is still a widespread lack of awareness among UK businesses exporting to the EU.
Annex I of Regulation 2019 / 1020 lists approximately 70 product directives that are affected. Examples from the industrial sector include:
• 2006 / 42 / EC Machinery Directive
• 2014 / 30 / EU Electromagnetic Compatibility( EMC) Directive
• 2014 / 35 / EU Low Voltage Directive( LVD)
• 2014 / 29 / EU Simple Pressure Vessels Directive( SPVD)
• 2014 / 68 / EU Pressure Equipment Directive( PED)
• 2014 / 34 / EU ATEX Equipment
Other directives listed in Annex I cover products as diverse as personal protective equipment( PPE), toys and recreational craft.
While Regulation 2019 / 1020 places obligations on Member States and their market authorities, it also has important implications for manufacturers that export to the EU – and this includes the UK now it is no longer a member of the EU. Specifically, Regulation 2019 / 1020 contains requirements relating to an‘ economic operator’. Without an economic operator established in the EU, you are prohibited from placing goods on the market.
The economic operator is responsible for ensuring the conformity documentation is available, co-operating with market surveillance authorities and informing authorities if there are reasons to believe a product presents a risk.
According to Regulation 2019 / 1020, an economic operator can be any of the following: the manufacturer; the importer; an authorised representative; or a fulfilment service provider when none of the foregoing are established in the EU.
24 AUTOMATION, CONTROL & ENGINEERING