If you are a machinery manufacturer based outside the European Union or the United Kingdom and you wish to sell your products in those markets, you will certainly need to appoint an Authorised Representative. This requirement is not optional — it is a legal obligation under EU and UK product legislation.
This article explains what an Authorised Representative does, who needs one, and how to go about appointing one.
What is an Authorised Representative?
An Authorised Representative (AR) is a legal entity established within the European Union (or the UK, for UK market access) that is appointed in writing by a manufacturer based outside that territory. The AR acts on behalf of the manufacturer for specific regulatory purposes and is a legally recognised point of contact for the relevant market surveillance authorities.
The role is defined in EU product legislation, including the General Product Safety Regulation, the Machinery Directive, and specific directives such as Directive 2000/14/EC covering outdoor noise emissions.
What Does an Authorised Representative Do?
The AR's responsibilities are set out in the applicable legislation. Typically, these include:
• Holding a copy of the Declaration of Conformity and technical documentation for inspection by authorities
• Cooperating with national market surveillance authorities if the product is subject to investigation
• Providing information about the product to authorities upon request
• Taking action if a product is found to present a risk — including cooperating with any recall or corrective action
The AR does not take on the manufacturer's full product liability but does take on a defined set of regulatory obligations. It is therefore important that both parties understand and document their respective responsibilities clearly.
Who Needs an Authorised Representative?
Any manufacturer based outside the European Union who wishes to place products on the EU market is required to appoint an EU-established Authorised Representative. This applies to manufacturers in:
• The United States of America
• China and other parts of Asia
• The United Kingdom (post-Brexit, UK manufacturers need an EU AR for EU market access)
• Any other country outside the EU
For manufacturers of machinery, there is a significant practical simplification: the UK has indefinitely recognised CE marking for machinery, meaning that UKCA marking is not required to sell into the UK. A single CE mark — supported by a single EU Authorised Representative — therefore provides access to both the EU and UK markets. There is no need to pursue a separate UK marking or appoint a separate UK Responsible Person for machinery.
Is the Authorised Representative the Same as an Importer?
No. These are distinct roles. An importer is any person established within the EU who places a product from a third country on the EU market. An Authorised Representative is appointed by the manufacturer to fulfil specific regulatory functions but is not necessarily involved in the commercial transaction.
In practice, the importer and the AR may be the same entity, but they do not have to be. Many manufacturers appoint a specialist compliance firm as their AR while using a separate logistics partner or distributor as their importer.
How Do I Appoint an Authorised Representative?
The appointment is made in writing, typically through a formal agreement that sets out the scope of the mandate, the responsibilities of each party, the products covered, and the duration of the arrangement. The manufacturer must ensure that the AR has access to all necessary technical documentation and is kept informed of any changes to the product.
Earlsmere provides Authorised Representative services for manufacturers of outdoor machinery seeking access to the EU market, with a particular focus on equipment subject to Directive 2000/14/EC. Because the UK recognises CE marking for machinery indefinitely, this appointment also supports UK market access — meaning manufacturers benefit from a single, streamlined compliance pathway for both territories.
Earlsmere supports manufacturers based in the USA, the UK, China, and worldwide.
Need help with compliance? Contact Earlsmere today.
Whether you are based in the UK, EU, or USA, Earlsmere has the expertise to guide you through every step of the compliance process. Get in touch with our team to discuss your requirements.
Email: enq@earlsmere.co.uk | Web: www.earlsmere.co.uk