AUTHORISED REPRESENTATIVE IN THE EUROPEAN UNION; SELL YOUR PRODUCTS WITH CONFIDENCE!

DEFINITIONS

It’s useful to start with some definitions. The following are drawn from “DECISION No 768/2008/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 9 July 2008 on a common framework for the marketing of products, and repealing Council Decision 93/465/EEC” better known as ‘the New Legislative Framework” (NLF):

• ‘manufacturer’ shall mean any natural or legal person who manufactures a product or has a product designed or manufactured, and markets that product under his name or trademark;
• ‘authorised representative’ shall mean any natural or legal person established within the Community who has received a written mandate from a manufacturer to act on his behalf in relation to specified tasks;
• ‘importer’ shall mean any natural or legal person established within the Community who places a product from a third country on the Community market;
• ‘distributor’ shall mean any natural or legal person in the supply chain, other than the manufacturer or the importer, who makes a product available on the market;
• ‘economic operators’ shall mean the manufacturer, the authorised representative, the importer and the distributor;

Note the phrase ‘natural or legal person’. A ‘natural person‘ is an identifiable individual; a ‘legal person‘ is a corporate body such as a limited company.

Decision 768/2008 does not actually apply to manufacturers directly – it’s a template of rules and boiler plate text for drafting new and updated Directives and Regulations so its requirements apply to legislators rather than directly to ‘economic operators’. Nevertheless, it has formed the template for all of the CE marking legal instruments which have come along since, so for the purposes of a general discussion it’s easier to refer to the NLF provisions rather than to individual directives and regulations.

MARKET SURVEILLANCE REGULATION

On 5 March 2021, the European Commission published guidelines on the practical implementation of Article 4 of Regulation (EU) 2019/1020 (“Market Surveillance Regulation“). From 16 July 2021, Article 4 will prevent distance sellers based outside of the EU from selling certain types of CE marked products (including toys, electrical goods and PPE) to customers in the EU where there is no EU-based economic operator responsible for compliance. This is of particular relevance to sellers using online marketplaces to sell third party products to customers in the EU, who will not be able to appoint an EU-based economic operator themselves. It also has significant implications for EU-based fulfilment service providers, who will qualify as the responsible economic operator in the absence of anyone else meeting the criteria. The guidelines provide welcome further clarity on the Article 4 requirements.

The Article 4 requirements apply to certain types of CE marked products including those falling within the scope of the following regimes: toys, electrical and electronic equipment, radio equipment, energy-related products, gas appliances, construction products, machinery, outdoor equipment, equipment for use in potentially explosive atmospheres, pressure equipment, simple pressure vessels, pyrotechnic articles, recreational craft, measuring instruments, non-automatic weighing instruments, personal protective equipment and unmanned aircraft systems (drones).

The following entities can act as the economic operator for the purposes of satisfying the requirements under Article 4 provided that they are established in the EU:

ECONOMIC OPERATOR

a. the manufacturer,
b. importer,
c. authorized representative (appointed by the non-EU manufacturer), or6/
d. fulfilment service provider, where none of (a), (b) or (c) is established in the EU (notably this does not include postal services or parcel delivery services).

NH Logistics Group has ample experience with importing a large variety of goods into the European Union for a multitude of clients from all over the world. NH Logistics Group can work as your AR Authorized Representative in the EU.

APPOINT YOUR AUTHORISED REPRESENTATIVE BEFORE PLACING YOUR PRODUCTS ON THE EU MARKET

The Regulation makes it illegal to place certain products on the EU market unless a responsible EU-based economic operator is established. Manufacturers that currently sell, or offer to sell, directly to end users (both professional and consumer) in the EU, without an EU-based economic operator being involved, must appoint one before placing further products on the EU market.

Many companies take weeks before they can act as your Authorised Representative. NH Logistics can become your legal representative in just 24 hours.

Our company works as Authorised Representative, acting as a legal entity representing non-European Union manufacturers, exporters and e-commerce stores. We ensure your company complies with all relevant requirements enforced by the European Union so you can do your business easily anywhere in the EU.

PARTNER WITH NH LOGISTICS AND BE READY FOR BUSINESS WITHIN 24 HOURS

NH Logistics can be formally designated as the European Authorised Representative, responsible for your product(s) on your behalf. With a great deal of skills and expertise regarding European (CE) legislation at our disposal, our regulatory compliance experts are capable to take on part of your responsibilities, allowing you to focus more on the core tasks.

With NH Logistics as your EU Authorised Representative, you will be able to sell your products legally in the European Union within 24 hours after submitting all relevant documents to us.

AUTHORISED REPRESENTATIVE IN THE EUROPEAN UNION

If you want to sell certain products in EU countries which were manufactured outside the EU, you must have an authorized representative in the EU (an EU Rep) to support the import process. This includes helping you understand the requirements of your destination market, reviewing product compliance and labelling, holding your technical documentation and declarations of conformity, and cooperating with authorities on your behalf. As a leading service provider in the industry for the EU, NH Logistics Group keeps up with the current state of regulations and can help you keep up, too.

ONLINE STORES OR PLATFORMS

For individuals and companies who are using Amazon, eBay or their own online stores to sell in the EU products that are manufactured outside the EU, it is important that they too have an EU Authorized Representative to help them import their goods into the region.
NH Logistics Group Authorized Representative services are operated by our Dutch entity. Our Authorized Representative Service will:

OUR AUTHORISED REPRESENTATIVE SERVICES:

• Provide an EU contact address for the product, packaging, and documentation.
• Confirm that you have completed required assessments, certifications and registrations.
• Review your technical documentation to make sure it meets requirements.
• Verify that product labeling (CE marking) and traceability references are correct.
• Hold technical documentation and declaration of conformity on your behalf as required.
• Work with surveillance authorities on your behalf, providing documentation on request and reporting compliance incidents to you.

You maintain your responsibilities as a manufacturer under EU regulations. The following steps are required to make the Authorized Representative arrangement effective and efficient:

THE AUTHORISED REPRESENTATIVE ARRANGEMENT:

• Provide NH Logistics Group with a written Mandate that states the tasks and responsibilities that the Authorized Representative is authorized to perform on your behalf.
• Agree to release NH Logistics Group from any liability and consequential claims and damages related to the product.
• Provide technical documentation to NH Logistics Group for review and for providing to competent authorities.
• Ensure compliance is maintained during production. Notify NH Logistics Group of compliance, quality and safety incidents.
• Cooperate timely with requests from NH Logistics Group and relevant authorities.

The Regulation makes it illegal to place certain products on the EU market unless a responsible EU-based economic operator is established. Manufacturers that currently sell, or offer to sell, directly to end users (both professional and consumer) in the EU, without an EU-based economic operator being involved, must appoint one before placing further products on the EU market.

Many companies take weeks before they can act as your Authorised Representative. NH Logistics can become your Authorised Representative in just 24 hours.

Our company works as Authorised Representative, acting as a legal entity representing non-European Union manufacturers, exporters and e-commerce stores. We ensure your company complies with all relevant requirements enforced by the European Union so you can do your business easily anywhere in the EU.

☑ Active in CIS since 2001.
☑ Entities in 10 Eurasian countries.
☑ One-stop source.
☑ Client satisfaction guaranteed.