Why is the Authorised Representative different from the importer/distributor and who is Authorised Representative?
An Authorised (Authorized) Representative is the one who will represent the manufacturer to deal with the TR CU authorities in Customs union and it’s Member States. This is somehow similar to having a lawyer representing you in the court.
The Authorised Representative s is NOT usually involved in the distribution or sales of the products. The importers/distributors are skilled in marketing and sales, but are not often familiar with the complicated conformity assessment issues.
A non-EEC manufacturer needs only one Authorised Representative in the entire Customs Union whereas they may have many distributors and/or sales agents.
It is required by the TR CU legislation that a non-EEC manufacturer must print its Authorised Representative´s name, address & contacting details on the packaging/labeling of the product(s) sold onto in to the EEC market. Any of the Member States authorities may contact the Authorised Representative at any time for conformity vigilance, to which the Authorised Representative must respond immediately and properly within the permitted time.
The Authorised Representative, of the foreign manufacturer shall also be entrusted with the responsibility for the conformity of the products in accordance to the Technical Regulations of the Customs Union. Technical regulation describes the obligations of the Authorised Representative as follows:
- should be legal or natural person registered in the prescribed manner in the State member of the Customs Union;
- must enter into a contractual relationship with the manufacturer for carrying out actions on its behalf for conformity assessment and placement of product on the common customs territory of the Customs Union;
- contractually shall undertake and the manufacturer shall distribute the responsibility for non-conformance to the requirements of technical regulations of the Customs Union.
The responsibilities of the Authorised Representative must be clearly described in the contract. These could be for example conducting Conformity of Production checks.
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The necessary contract with Authorised Representative template can be downloaded here.