Authorised Representative &
Business Services
for flexible trading in the UK

Background

Due to increasing globalization and the free movement of goods, there is growing concern and importance being given to market surveillance and product safety by the authorities in the United Kingdom, the European Union and other parts of the world.

In a drive towards achieving more control over the products that are placed on the market, the United Kingdom has implemented new legislation and obligations for manufacturers, importers and distributors, also know as economic operators. To place products on the UK market, the economic operator must be established within the United Kingdom.

In recent years the authorities have increased their efforts to extend the requirement for authorised representation to more products with the objective of providing more consumer protection against unsafe products being placed on the market.

Now that the United Kingdom has left the EU, manufacturers not established in the county need to be aware of the changes to their import obligations and those of their customers.

A key part of the legislation that directly affects manufacturers concerns the technical documentation and record keeping. The manufacturer, importer, or the authorised representative, must keep documentation to demonstrate that the product conforms with the regulatory requirements and, this information can be requested at any time by the authorities. Where a non-UK manufacturer does not appoint an authorised representative, the importer of the products must take on these responsibilities and, act as the contact between the authorities and the manufacturer when required.

The information the authorities may request includes:

How the product is designed and manufactured.
How the product is shown to conform with the relevant requirements.
The addresses of the manufacturer and any storage facilities.

Clearly, some of this information may be sensitive and the manufacturer may not want to share these details with their customers, or the customer may not wish to take on these responsibilities. This is why, more and more manufacturers are turning to the services of an authorised representative to take on these obligations.

Indele Limited is a UK Authorised Representative and provides this service for manufacturers not located in the United Kingdom, making it easier for both the manufacturer and the customers.

In addition we also provide support to apply the UKCA mark to your products if required, and we provide other business services such as guidance and assistance with your VAT returns on your imports and sales if you are registered.

What is an Authorised Representative?

An UK Authorised Representative (UK-AR) is a legal party established within the United Kingdom that acts as a contact between a manufacturer based outside the UK and the competent national authorities within the UK. The AR is able to take on some of the manufacturer's responsibilities, and makes sure that the products being sold on the UK market comply with the relevant national compliance legislations. The UK-AR ensures that your product can be legally placed on the market, and can bear the UKCA mark if applicable.

Indele Limited, founded in 2016, is a UK Authorised Representative and provides a platform for non-british manufacturers to sell their products legally on the UK market. As a consequence of Brexit there have been numerous changes to the regulations for selling products in the United Kingdom making it more difficult than before for manufacturers. Our services provide an easy solution for manufactuers allowing them to keep things simple and flexible in order that they can continue to focus on their customers and sales.

Who needs an Authorised Representative?

If your UK importer is prepared to assume the manufacturer’s obligations, you do not need to appoint an authorised representative. In addition to the standard mandatory obligations of an importer, they must also:

ensure the safety of the products.
verify and maintain the technical file for the authorities for 10 years.
act as the contact point for the authorities (MSAs) in case of enquiries or legal actions.

If they cannot take on these responsibilities, or prefer not to, then you must appoint an authorised representative (AR).

The services of a UK-AR are designed for manufacturers based outside the UK who want to sell their products on the UK market. While appointing an AR is not mandatory for most types of products, many manufacturers prefer to use an AR for several reasons, including the following:

they prefer not to involve their customer or importer in any enquiry or action by the Market Surveillance Authorities (MSA) and prefer them not to see the full technical information that may be requested by the MSA.
the customer (importer) may prefer not to have to deal with the MSA in case of an action.
the manufacturer has several customers (importers) and prefers to hold the technical file required by the MSAs in just one place.
the AR will provide information and updates regarding the relevant product legislation.
the AR will file the technical documentation and keep it available on request for the market surveillance authorities for the specified period.

For some sectors the regulations state it is mandatory to appoint an AR or UKRP (UK Responsible Person). These sectors include the following: Medical Devices Regulations, PPE Regulation, ATEX Directive, Construction, Pressure Equipment Directive.

What does an Authorised Representative do?

The role of the UK Authorised Representative is mandated in the agreement with the manufacturer, and can include tasks such as the following:

Ensure the manufacturer has carried out the appropriate conformity assessment process and drawn up the relevant technical documentation.

Keep a copy of the technical documentation and declaration of conformity at the disposal of market surveillance authorities for the period required by that legislation and ensure that the technical documentation can be made available for the authorities on request.

Act as the point of contact between the market surveillance authorities and the manufacturer when required.

If any product presents a risk at any point, we will highlight this information to the necessary parties.

In the event a risk is identified, we support you in taking the appropriate corrective action to remedy any non-compliance causing the risk.

As your Authorised Representative, we will provide you with our name and contact details, to place on the product, it’s packaging or accompanying documentation.

Find out more about the legal framework for authorised representatives here: Legal Framework

How we help.