Placing products on the EU and or the UK market requires a local entity that can take care of questions asked by market surveillance authorities.
If a product is not marked with the address information of a local entity, authorities will decide who is responsible for product compliance. For example, it could be your customer, the shop selling the product, or the fulfilment service provider you use to sell products directly to consumers.
Most likely, none of these entities would like to end up in that situation. Especially fulfilment service providers do not want to become responsible for product compliance and push sellers to find a solution. Setting up your local entity is a solution. However, it takes time and can prove to be costly. Note that a simple “PO Box” firm is not enough!
Luckily there is an efficient alternative; assign ProductIP to act as your European and or UK Authorised Representative.
Your distributors and agents can then focus on sales of products carrying your brand. ProductIP focuses on you, your products and requirements. ProductIP takes care of your interests. We offer stress-free product compliance.
Manufacturers and brand owners shall ensure that their products have been designed and manufactured in accordance with the requirements of all applicable legislation safety. Even where the manufacturer is located outside the European Union or the UK, and therefore out of legal reaches of authorities, the manufacturer has specific obligations (e.g., quality control), which they cannot assign to other parties.
Moreover, in cases where the manufacturer is not based in the EU or the UK, legal responsibility for compliance with the directives lies with the entity responsible for selling the goods within the EU or UK, unless the manufacturer has appointed an Authorised Representative. The manufacturer can then take responsibility and give a mandate to ProductIP as an Authorised Representative to represent the manufacturer towards authorities.
The need for, and obligations of, Authorised Representatives are much misunderstood. The responsibilities of the manufacturer apply to all products, either covered by product specific directives and regulations or the general product safety regulation. These are the three scenarios:
Scenario 3 is the ideal option for sellers shipping to the end user via online platforms, regular import and trading channels or directly to consumers.
Note: The ProductIP Authorized Representative service is also available for brand owners already located within the EU / EFTA or UK. The benefits regarding info on labels, etc. are identical.
The local entity requirement applies also for EU companies selling in the UK, and for UK companies selling in the EU. Northern Ireland continues to follow the European Framework.
If the manufacturer is not based in the EU / EFTA, or not based in UK then legislation allows that their ‘Authorised Representative’ takes care of certain duties related to product compliance.
The scope of the regulation EU 2019/1020 includes 'harmonised' goods, and all other 'non-harmonised' goods are covered by the General Product Safety Regulations.
The ProductIP Authorised Representative Service includes:
ProductIP holds no liability for any damages that occur from placing the products on the market. ProductIP holds no liability for any damages that occur from claims regarding patents and technology licenses.
Besides the annual fee to maintain your authorized representation we will provide you with a specified monthly financial statement for hours and expenses that occurred. Next to the annual fee, we charge you a one-time initial payment. We will ask upfront approval for events for which we expect the hours involved to exceed the initial payment. Mandatory usage of the ProductIP platform and creation of files are not included in this fee.
What do we expect from you as a responsible Manufacturer/Seller?
We need you to
For this purpose we conclude with you an EU or UK Authorised Representative Service Agreement. It just takes three steps.
Click here to download the agreement text for EU Authorized Representative
Click here to download the agreement text for UK Authorized Representative
STEP 1. Create your account in ProductIP, you can digitally sign the Authorized Representative Agreement. It is a clear step-by-step process.
STEP 2. We will raise an invoice and e-mail that as PDF. Settle the related annual fee to activate the agreement.
* You will be invoiced in Euro’s from the Netherlands. Or in HK$ or US$ from Hong Kong.
STEP 3. Buy credits so you can start making technical files in ProductIP. Adapt your artwork with the new address information and support compliance via files in your ProductIP account*
* Technical files need to be created in ProductIP. For this service several support and pricing models exist. click here for the ProductIP Service Overview
Welcome to stress-free product compliance. Continue increasing your business.
The ProductIP Authorised Representative services are possible for non-food products (manufactured goods) that are in the scope of one or more of the following EU directives/regulations or their UK equivalents
EU | UK |
General Product Safety Directive (General Merchandise) | General Product Safety Regulations (General Merchandise) |
Low Voltage Directive | The Electrical Equipment (Safety) Regulations |
Electromagnetic Compatibility Directive | Electromagnetic Compatibility Regulations |
Personal Protective Equipment Directive | Personal Protective Equipment Regulations |
Toys Directive | Toys Regulations |
RED Directive | Radio Equipment Regulations |
Machinery Directive | Supply of Machinery Regulations |
Construction Products Regulation | Construction Products Regulations |
RoHS Directive | RoHS Regulations |
Pressure Equipment Directive | Pressure Equipment Regulations |
Measuring Instruments Directive | Measuring Instruments Regulations |
Non-automatic Weighing Instruments Directive | Non-automatic Weighing Instruments Directive |
Involvement of EU Notified Bodies or UK Approved Bodies may be required in order to comply with the essential requirements.