AUTHORISED REPRESENTATIVE IN THE UNITED KINGDOM; 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 Kingdom 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 Kingdom who places a product from a third country on the UK 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 UKCA 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 (UK) 2019/1020 (“Market Surveillance Regulation“). From 16 July 2021, Article 4 will prevent distance sellers based outside of the UK from selling certain types of UKCA marked products (including toys, electrical goods and PPE) to customers in the UK where there is no UK-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 UK, who will not be able to appoint an UK-based economic operator themselves. It also has significant implications for UK-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. This regulation has been adopted by the United Kingdom in the same format.

The Article 4 requirements apply to certain types of UKCA 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 UK:

ECONOMIC OPERATOR

a. the manufacturer,
b. importer,
c. authorized representative (appointed by the non-UK manufacturer), or6/
d. fulfilment service provider, where none of (a), (b) or (c) is established in the UK (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 United Kingdom for a multitude of clients from all over the world. NH Logistics Group can work as your AR Authorized Representative in the UK.

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

The Regulation makes it illegal to place certain products on the UK market unless a responsible UK-based economic operator is established. Manufacturers that currently sell, or offer to sell, directly to end users (both professional and consumer) in the UK, without an UK-based economic operator being involved, must appoint one before placing further products on the UK 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-United Kingdom manufacturers, exporters and e-commerce stores. We ensure your company complies with all relevant requirements enforced by the United Kingdom so you can do your business easily anywhere in the UK.

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

NH Logistics can be formally designated as the UK Authorised Representative, responsible for your product(s) on your behalf. With a great deal of skills and expertise regarding UK (UKCA) 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 UK Authorised Representative, you will be able to sell your products legally in the United Kingdom within 24 hours after submitting all relevant documents to us.

AUTHORISED REPRESENTATIVE IN THE UNITED KINGDOM

If you want to sell certain products in UK countries which were manufactured outside the UK, you must have an authorized representative in the UK (a UK 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 UK, 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 UK products that are manufactured outside the UK, it is important that they too have a UK Authorized Representative to help them import their goods into the region.
NH Logistics Group Authorized Representative services are operated by our British entity. Our Authorized Representative Service will:

OUR AUTHORISED REPRESENTATIVE SERVICES:

• Provide an UK 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 (UKCA 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 UK 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 UK market unless a responsible UK-based economic operator is established. Manufacturers that currently sell, or offer to sell, directly to end users (both professional and consumer) in the UK, without an UK-based economic operator being involved, must appoint one before placing further products on the UK 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-United Kingdom manufacturers, exporters and e-commerce stores. We ensure your company complies with all relevant requirements enforced by the United Kingdom so you can do your business easily anywhere in the UK.

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