Authorised Representatives under the General Product Safety Regulation

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The General Product Safety Regulation requires covered products to have a responsible person related to them who is located in the EU. If your business is based in the US, the UK or other countries outside the EU, your company cannot fulfil the role of a responsible person.

Thus, in order to sell products directly to EU consumers from outside the EU, you must appoint an authorised representative to be the responsible person for your products.

In this guide, we cover the common questions related to the role of the authorised representative and the type of businesses that need them.

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What is an Authorised Representative in the context of the GPSR?

The General Product Safety Regulation defines the term Authorised Representative in Article 3:

‘Authorised representative’ means any natural or legal person established within the Union who has received a written mandate from a manufacturer to act on that manufacturer’s behalf in relation to specified tasks with regard to the manufacturer’s obligations under this Regulation;

Generally, an authorised representative is a business that is based in the EU and performs certain tasks related to the manufacturer’s obligations under the General Product Safety Regulation.

For example, a typical task for an authorised representative involves cooperating with market surveillance authorities who are reviewing a consumer product. This may involve submitting information and documentation (like test reports) to show that the product is safe.

To appoint a representative, a manufacturer should provide a written mandate specifying the tasks.

When is an Authorised Representative required?

There must be a responsible person based in the EU for products covered by the General Product Safety Regulation, as explained in Article 16:

1. A product covered by this Regulation shall not be placed on the market unless there is an economic operator established in the Union who is responsible for the tasks set out in Article 4(3) of Regulation (EU) 2019/1020 in respect to that product. Article 4(2) and (3) of that Regulation shall apply to products covered by this Regulation. […]

The regulation refers to Article 4(2) of the Market Surveillance Regulation, which explains that such an economic operator can only be an:

• EU manufacturer
• EU importer
• EU authorised representative
• EU fulfillment service provider

Even though the Market Surveillance Regulation does not use the term “responsible person”, this means that if a business is based outside of the EU and intends to sell directly to consumers in the EU, it must hire an authorised representative for the products it intends to sell.

Note that manufacturers in the EU can also appoint an authorised representative to perform certain tasks, even if this is not an obligation.

Who can act as an Authorised Representative?

An individual or a business can act as an authorised representative. The representative must be based in the EU and must receive a written mandate from the manufacturer. The written mandate specifies tasks that the representative must perform.

What are the responsibilities of an Authorised Representative?

According to Article 10 of the General Product Safety Regulation, the authorised representative must:

a. Provide market surveillance authorities with copies of the written mandate (upon request)

b. Providing information and documentation necessary to demonstrate the safety of the product in the relevant official language

c. Informing the manufacturer if he has reason to believe or consider that the product to be dangerous

d. Notifying competent national authorities using Safety Business Gateway of actions taken regarding risky products

e. Cooperating with competent national authorities at their request regarding risky products

On top of that, according to Article 16, the authorised representative must perform additional tasks when it acts as a responsible person (e.g. for companies that sell B2C in the EU but are based outside the EU). In particular, it should check that the company complies with:

a. Record-keeping requirements

b.Technical documentation requirements

c. Provide instructions and safety information (if applicable)

d. Labelling information, which should include the following:

• Product identification
• Manufacturer’s name
• Manufacturer’s postal and electronic address
• Authorised representative’s name, address and other contact details

Do non-EU companies need an Authorised Representative?

Every product sold in the EU that is covered by the General Product Safety Regulation must have a responsible person related to it who is based in the EU. So, if your business is based outside of the EU and you intend to sell directly to EU consumers, you should hire an authorised representative to act as the responsible person.

However, if you are selling B2B, the outcome would be different. This is because the responsible person would be the business in the EU that you are selling your products to (e.g. the EU importer).

Do EU companies need an Authorised Representative?

If you are an EU manufacturer or importer, you are not required to appoint an authorised representative. This is because the EU manufacturer or importer would be acting as the responsible person.

However, an EU manufacturer may still hire an authorised representative to perform specified tasks.

Can a non-EU company act as a responsible person?

The regulation requires every product sold in the EU to have a responsible person who is based in the EU. Thus, non-EU companies would not be able to function as responsible persons.

Which products are covered by this requirement?

The General Product Safety Regulation covers most consumer products, including the following:

• Foldaway beds
• Cribs
• Table mounted chairs
• Bicycles
• Laser Products
• Strength training benches

However, there are some product categories that are not covered by the regulation:

• Medicinal products for human or veterinary use
• Food
• Feed
• Living plants and animals
• Animal by-products and derived products
• Plant protection products
• Equipment provided in the context of a transport service
• Certain aircrafts
• Antiques

More details are found in Article 2.

Do UK companies selling to the EU need an AR?

After Brexit, the United Kingdom left the European Union. Thus, UK companies selling directly to consumers in the EU would require an EU-authorised representative.

Do Amazon sellers need an AR to comply with GPSR?

In general, Amazon requires compliance with both EU and national regulations. This means that if you intend to sell through Amazon to EU consumers, you must comply with the General Product Safety Regulation.

Hence, if your business is based outside the EU, you would need an authorised representative. You can find more information about this topic on ChannelX, for example.

How can I find an Authorised Representative to comply with GPSR?

There are many businesses that offer this service. Here is a list of authorised representatives based in the EU.