EU Authorised Representative

Selling products within the EU

Non-EU businesses wishing to trade in Europe can benefit from the EU Single Market and some trade agreements with other European countries. The EU market for goods includes 450 million consumers and provides easier access to a wide range of suppliers, lower unit costs and greater commercial opportunities. However, prior to bringing products onto the market, non-EU businesses must overcome certain regulatory restrictions. For instance, having an EU authorised representative (EAR) as an intermediary between them and the market surveillance authorities.

Clever Compliance's subsidiary Clever Representative is an independent product compliance organisation that can act as a European authorised representative for a wide range of product types. We have the compliance skills and expertise required to ensure smooth market access for products produced outside the EU's borders.

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European authorised representative

Common issues for non-EU manufacturers

Due to the new EU Market Surveillance Regulation 2019/1020, non-EU manufacturers and suppliers will face the following issues when trying to access the EU market and sell products on it either directly, online or through a fulfilment service provider:

  • lack of compliance documentation due to insufficient knowledge about the applicable EU (CE marking) legislation
  • strengthened market surveillance and severe penalties for non-compliant products
  • no means of communication with relevant market regulatory authorities
  • restricted market access due to no legal representation within the EU
To avoid such issues, non-EU operators must appoint an independent EU-based product compliance organisation as their European authorised representative (a.k.a. a responsible person).

How can we help you?

Clever Representative can act as a European authorised representative and be responsible for your product(s) on your behalf. With a great deal of skills and knowledge regarding European (CE marking) directives and regulations, we are capable of taking on a lot of your responsibilities and obligations, allowing you to refocus your attention on your main tasks.

Our authorised representative service package includes:

  • A non-disclosure agreement (NDA) to guarantee the protection of your intellectual property
  • Possible quarterly, semi-annual or annual cancellation of the EAR agreement
  • Use of our legal name and registered address within the EU
  • An official appointed contact address for European regulatory agencies
  • A thorough review of the EU declaration of conformity for CE compliance
  • A comprehensive review of the technical documentation for completeness
  • Assistance in communication between the competent regulatory authority and the manufacturer
  • Updates regarding regulatory changes that could impact the compliance status of the product
  • Cloud storage of your compliance documentation
  • Ad-hoc consultancy and support
If your business is located outside of the European Union, and you are required to have an EU authorised representative, get in touch with us, and we will do our best to assist you.

Frequently Asked Questions

What is an EU authorised representative?
An EU authorised representative is any natural or legal entity located within the EU who has received a written mandate from a non-EU manufacturer to act on the manufacturer’s behalf regarding specific tasks.
When do I need an EU authorised representative?
If your business is located outside of the EU, you need to have an EU Authorised Representative (EAR) to trade your product(s) in the European Union either directly, online (e-commerce) or through a fulfilment service provider. The latter applies for all products that fall under the scope of the EU harmonisation legislation, such as:
  • Electrical and electronic equipment
  • Construction products
  • Toys
  • Radio equipment
  • Pressure equipment
What is an EAR mandate?
An EAR mandate represents a written document providing a detailed summary of all the tasks an authorised representative has to perform about a specific product. It also includes information about the manufacturer's responsibilities, duties and rights, as well as information allowing the identification of the product it covers (for example, specific product name and model number).
What does an EAR do?
The EU authorised representative does at least the following legislative tasks on your behalf:
  • Ensures the availability of technical files and Declarations of Conformity
  • Cooperates with the national market surveillance authorities on preventive and corrective actions to eliminate any risks posed by the product
  • Delivers a copy of the EAR mandate to the national market authority upon request
Some European (CE marking) directives and regulations (e.g. MDD 93/42/EEC and MDR 2017/745) specify additional obligations for the European authorised representative:
  • Verifies that the CE marking symbol is correctly affixed to the product and its packaging
  • Forwards to the manufacturer any request made by a competent market authority for product samples or access to the product
  • Verifies compliance with specific registration and regulatory requirements
What is the EU Market Surveillance Regulation 2019/1020?
Coming into force in July 2021, the European Market Surveillance Regulation 2019/1020 focuses on market surveillance and conformity of products. It seeks to improve border controls, reduce the number of non-compliant goods in the internal market and establish equal competitive conditions for all businesses. The new Regulation applies to all goods subject to the EU harmonisation legislation unless the specific legislative act contains other market surveillance and enforcement provisions.
What is a fulfilment service provider?
A fulfilment service provider is any person or legal entity offering at least two of the following services: warehousing, packaging, addressing and dispatching, without owning the goods involved. An exemption is made for postal and courier firms.

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