Product safety and the role of the authorised representative
Are you the authorised representative of a manufacturer in the EU? And does the manufacturer put products (non-food) on the market with your help? Then you must meet the requirements for product safety.
What is an authorised representative?
An authorised representative (AR) is a company or person established in the EU who takes care of certain administrative tasks on behalf of a manufacturer. Manufacturers are obliged to ensure their products are safe. Otherwise, a manufacturer may not market the product.
The manufacturer can instruct an authorised representative to carry out administrative tasks. For example, keeping the technical file that is required to comply with the EU legislation on product safety, and supplying information to the supervising authorities. The manufacturer remains responsible for the product’s safety.
If a manufacturer who is not established in the EU wants to sell a product in the EU, they must appoint an authorised representative (AR) in the EU. Manufacturers who are established in the EU, for example with a branch office, can also appoint an AR.
Required duties of an AR
An authorised representative is only allowed to perform the administrative tasks the manufacturer assigned to them in writing beforehand. The manufacturer remains responsible for how the product is made (the manufacturing process) and for the product’s safety.
As an AR you have at least the following duties:
- You have to provide information to the supervising authorities if a supervising authority requests information about the safety of a product. This concerns the product’s EU declaration of conformity and the technical file. You must keep the technical file for at least 10 years.
- You must report the measures taken to eliminate product risks to the Netherlands Food and Consumer Product Safety Authority (NVWA) or other national competent authorities. You do this via the EU’s Safety Business Gateway. You must do so if the manufacturer has not passed on this information.
- If the product has shortcomings, you must report this to the manufacturer. Then you also report this in the Safety Business Gateway.
A manufacturer can also authorise you to carry out additional administrative tasks. For example, affixing CE marking, or drawing up an EU declaration of conformity.
Identification and contact details on product (traceability)
Your product must be traceable in order to track and recall it, for example. You must check:
- Whether there is an identifier on the product. The manufacturer must put a type number, batch number, serial number or other identifier on the product. This must be easily visible and legible to consumers. If that is not possible, for example because the product is very small, the identifier must accompany the product: on the packaging or in a document.
- Whether there are contact details on the product. The manufacturer's contact details must be on the product or packaging. Is your manufacturer located outside the EU? Then the contact details of the importer or you (authorised representative) must be on the product or packaging.
This applies to all consumer products. If a product is not traceable, you may not offer the product on the market.