Compliance, peace of mind, and flexibility for trading in the United Kingdom!
One of the key advantages of using the services of an authorised representative is that you can continue or start trading in the United Kingdom without having to rely on the importer to ensure your product compliance with the new legislation. This leaves you free to trade with the importers of your choice without having to rely on the importer to ensure your product complies with the legislation.
What is an Authorised Representative?
An authorised representative (AR) is a person or business who is appointed by a manufacturer to carry out certain agreed specified tasks on their behalf to comply with the relevant product legislation. For example, when applying a UKCA mark on a product, the AR will represent the manufacturer in the United Kingdom. A UK AR must be registered in the United Kingdom.
What are the importer´s obligations?
Because the UK is no longer part of the EU, importers now have new legal obligations regarding the products they import. This includes responsibilities such as reviewing and verifying the manufacturer’s documentation and certifications, contacts and collaboration with market surveillance authorities, the markings on the product itself, filing and keeping available for the authorities the certificates and product information for the authorities for ten years after placing the products on the market. If the products do not include the importer’s details when they leave the factory, it is the importer's role to add their name and address to the products before placing them on the market.
As a manufacturer, if you work with multiple clients then you must make sure all your clients understand and comply with the obligations outlined above. This adds multiple layers of difficulty to selling in the UK. If this is not done, then the products placed on the market will not be compliant with the regulations and will lead to complications for both the importer and the manufacturer, possible sanctions, and in the worst-case scenario having to withdraw the products from the market.
What is the role of the Authorised Representative?
The role of the AR is to carry out specified tasks for the manufacturer which should be set out in a written mandate.
The tasks may include, but are not limited to the following:
help the manufacturer prepare the UK Declaration of Conformity.
keep the necessary technical documentation and to cooperate with the market surveillance authorities.
assist the manufacturer with their contacts with UK Conformity Assessment Bodies or other organizations.
provide the manufacturer with a name and address to indicate on the products.
What are the advantages of working with an authorised representative?
The importer´s, or the AR´s information is required on the product itself, or as the legislation allows at present, on the packaging or documentation that accompanies the product. The reason for this as outlined by the department for British Energy and Industry Strategy, is for the traceability of the product and so the market surveillance authorities (MSAs) know who to contact in the UK in case of any enquiry or action required. It is worth noting that the MSAs have the authority to impound goods which do not carry the required marking.
Some of the reasons why more and more manufacturers are working with an AR rather than with an importer include the following:
they prefer not to involve their customer in any MSA enquiry or action and prefer them not to see the technical information that may be requested by the MSA.
the customer (importer) does not want to have to deal with the MSA in case of an action.
the manufacturer has several customers (importers) and prefers to have just one name and address for all the products.
the AR will provide information and updates regarding the relevant product legislation.
the AR will file the technical documentation and will keep it available on request for the market surveillance authorities for the specified period.
Summary
Following Brexit new legislation has been brought in for manufacturers and importers. Products sold in the UK must have the UKCA mark that will be mandatory after the 31st December 2024 and products that do not comply with the new conformity assessment will not be legal on the UK market.
In addition to this the UK authorities require products to be marked with the information of the economic operator based in the UK for reasons of traceability in case of any action by the MSA (Market Surveillance Authorities). The economic operator may be an importer or an authorised representative. For the reasons explained above, most manufacturers are now turning to an authorised representative to comply with the new legislation.
We provide an Authorised Representative service for non-British manufacturers to place their products legally on the UK market. Contact us for details.
Article name: Reasons to work with a UK Authorised Representative and the UKCA mark