European Authorised Representative under the GPSR

Table of Contents

1. What is a European Authorised Representative under the GPSR?

2. Who needs an Authorised Representative?

3. Responsibilities of the European Authorised Representative

4. Obligations of the Manufacturer, Brand, or Importer

5. Mandatory Information on the Product and its Label

6. Products Exempt from Requiring an Authorised Representative

7. List of Products that Require an Authorised Representative

   • Products covered under the GPSR

   • Products covered by other EU directives

8. Documentation the Authorised Representative May Request

9. What advantages does an Authorised Representative offer to non-EU companies?

10. Conclusion

1. What is a European Authorised Representative under the GPSR?

The European Authorised Representative plays a fundamental role in ensuring compliance with the General Product Safety Regulation (EU) 2023/988 (GPSR). This role represents non-EU manufacturers and facilitates the entry of their products into the EU market, acting as a direct link with European authorities. However, it is crucial to note that the Authorised Representative is not responsible for the product’s compliance; this responsibility rests with the manufacturer, brand, or importer.

2. Who needs an Authorised Representative EU?

Companies seeking to enter the European market may encounter numerous regulatory obstacles and unfamiliar requirements. If you are a manufacturer, brand, importer, or online seller based outside the EU, you will need an Authorised Representative. This includes:

• Manufacturers or brands outside the EU wishing to market products in Europe.

• Importers based outside the EU who distribute products in Europe.

• Marketplaces and online sellers operating from outside the EU.

• UK-based businesses that, following Brexit, also need to comply with this requirement.

Important: Manufacturers, brands, or importers based within the EU are not required to appoint an Authorised Representative, as they are responsible themselves. However, some choose to do so voluntarily to simplify communications with the authorities.

3. Responsibilities of the Authorised Representative

The GPSR (Regulation (EU) 2023/988) and the Market Surveillance Regulation (EU) 2019/1020 clearly outline the responsibilities of the Authorised Representative, which include:

• Collecting and safeguarding the technical documentation and declaration of conformity for the product, making it available to market surveillance authorities when necessary.

• Providing information requested by authorities during inspections or audits.

• Informing the manufacturer or importer if the product is deemed to present risks to consumers.

• Collaborating with authorities in taking corrective actions if there is any non-compliance with applicable regulations.

Furthermore, the Authorised Representative acts as the single point of contact for EU authorities, thus simplifying any official process on behalf of the manufacturer. However, their role is limited to collecting and transmitting information and does not entail direct responsibility for product compliance.

Note: According to Regulation (EU) 2019/1020, when a product is marketed under a specific brand in the EU, the brand assumes responsibility for the product’s compliance and is considered the "manufacturer" for regulatory purposes.

4. Obligations of the Manufacturer or Importer

Manufacturers or importers seeking to appoint an Authorised Representative must meet certain specific requirements, such as:

• Signing a written mandate that clearly defines the functions of the Authorised Representative.

• Providing all necessary technical documentation, including the declaration of conformity and test reports.

• Including the Authorised Representative’s information on the product and its packaging, enabling authorities to identify the responsible entity in Europe.

5. Mandatory Information on the Product and its Label

To comply with the GPSR, the following information must be clearly visible on the product, its packaging, or accompanying documentation:

• Name and address of the manufacturer or brand, if located outside the EU.

• Name and address of the European Authorised Representative.

• Instructions and warning labels in the language of the country where the product will be marketed in the EU.

6. Products Exempt from Requiring an Authorised Representative EU

According to European regulations, there is a small group of products exempt from the requirement to appoint an Authorised Representative GPSR. These include:

• Medicines and veterinary products

• Food and food products

• Live plants and animals

• Plant protection products

• Antiques and collectibles

For more details, refer to the full text of the General Product Safety Regulation (GPSR).

7. List of Products that Require an Authorised Representative EU

For the vast majority of products, appointing an Authorised Representative is mandatory if the manufacturer is based outside the EU. This includes products subject to the GPSR as well as those regulated by various CE marking directives that specify safety requirements. Some key examples are outlined below:

Products covered under the GPSR:

• Domestic and outdoor furniture (chairs, tables)

• Childcare items, such as cots and high chairs

• Sporting and fitness equipment (trampolines, bicycles, exercise benches)

• Aquatic leisure products (floating devices for water use)

Products covered by other EU directives:

• Toys (Toy Safety Directive - 2009/48/EC)

• Food contact materials (Regulation (EC) 1935/2004): cookware, kitchen utensils, cutlery, etc.

• Medical devices (Regulation (EU) 2017/745)

• Electrical and electronic equipment (RoHS Directive - 2011/65/EU)

• Machinery and power tools (Directive 2006/42/EC)

• Personal protective equipment (PPE) (Regulation (EU) 2016/425)

• Low voltage products (LVD Directive - 2014/35/EU)

• Electromagnetic compatibility (EMC Directive - 2014/30/EU)

• Radio equipment (RED Directive - 2014/53/EU)

• Pyrotechnic articles (Directive 2013/29/EU)

• Measuring instruments (MID Directive - 2014/32/EU)

• Lifts (Directive 2014/33/EU)

• Transportable pressure equipment (TPED Directive - 2010/35/EU)

• Pressure equipment (PED Directive - 2014/68/EU)

• Recreational craft and personal watercraft (Directive 2013/53/EU)

8. Documentation the Authorised Representative GPSR May Request

The Authorised Representative may require various documentation to verify product compliance, such as:

• Test report and declaration of conformity

• Complete technical documentation

• Instruction manual

• Product images and labelling

• Energy label (if applicable)

This documentation is essential for demonstrating to authorities that the product meets all EU safety standards.

9. What advantages does an Authorised Representative offer to non-EU companies?

Appointing an Authorised Representative greatly facilitates entry into the European market for foreign companies by:

• Avoiding legal issues and delays at customs, ensuring all necessary documentation is readily available.

• Simplifying communication with authorities and facilitating resolution of any issues.

• Optimising resources, allowing the company to focus on its core business, while the Authorised Representative manages documentation requirements.

Your Compliances offers the KeyAccess Authorised Representative service to help foreign companies comply with the GPSR and other CE marking requirements in the EU. Find out more here.

10. Conclusion

Appointing a European Authorised Representative GPSR is essential for any non-EU company seeking to sell in the European market. This role ensures that all necessary documentation is available to comply with the GPSR, but the responsibility for placing safe products on the market lies with the manufacturer or importer. By delegating these functions to experts, foreign companies can avoid risks and streamline their entry into Europe.

Useful Links

• European Commission Portal on General Product Safety Regulation

• Complete List of Products Regulated in the EU

• Blog entry about the General Product Safety Regulation (GPSR)

• Market Surveillance Regulation (EU) 2019/1020 on Product Compliance

Case Studies and Practical Examples

You are a furniture manufacturer who has just closed a major deal to ship your collection of sofas and chairs to distributors in Europe. Excited, you invest heavily in this opportunity: quality materials, impeccable design, packaging that reflects your brand… But when the goods arrive at customs, a problem arises: without an authorised representative in Europe, the authorities cannot verify that your products meet the safety standards required by the GPSR. You attempt to resolve it, but ultimately, the goods are returned, and the client, disappointed, cancels the deal.

You have been selling electronic devices on a European marketplace for months, and business has been thriving. But one day, you receive a devastating notification: your products have been removed, and authorities have ordered the destruction of all your goods. Why? You do not have an authorised representative in Europe, meaning your devices do not comply with the GPSR. The financial loss is enormous, and seeing your hard-built reputation suffer is even more painful.

Frequently Asked Questions (FAQs)

Why is it important to have a European Authorised Representative for GPSR compliance?

Having a European Authorised Representative ensures that products comply with the GPSR and facilitates market entry into the EU by managing regulatory obligations, thus protecting both the manufacturer and the consumer.

Which products require an Authorised Representative in the EU under the GPSR?

Most consumer products (toys, sports equipment, furniture, etc.) must have an Authorised Representative to comply with the GPSR if they originate from outside the EU.

Which companies need to appoint an Authorised Representative for the European market?

Non-EU companies, including manufacturers, brands, importers, and online sellers, must appoint an Authorised Representative to sell their products in Europe and comply with conformity requirements.

What documents must the manufacturer provide to the Authorised Representative?

The manufacturer must provide the declaration of conformity, test report, technical documentation, and in some cases, product manuals or labels to meet GPSR requirements.

What are the specific responsibilities of the European Authorised Representative under the GPSR?

The Authorised Representative collects, safeguards, and provides technical documentation to EU authorities, acting as a direct contact in case of inspections or audits to ensure regulatory compliance.

How does the Authorised Representative help avoid issues at European customs?

The Authorised Representative ensures that all product compliance documentation is available, avoiding delays and penalties at customs and facilitating a smoother entry into the EU.