ProductIP Authorised Representative Services

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. 

How smart sellers maintain access to EU and/or UK market

Both in the EU and the UK, Regulation (EU) 2019/1020 requires companies to provide a local entity responsible for access to product compliance documentation. One established inside the EU or the UK, that takes care of the communication with the market surveillance authorities. The address of the person or entity needs to be on the product label, on the packaging, manual, as well as on conformity declarations. This is essential to keep access to the market. Failing to do so is a formal non-conformity. 
 
Pressure to comply is mainly coming from your customers, retailers, importers and fulfilment service providers such as Amazon, eBay, AliExpress, Wish, Rakuten and many others. Why? Because in the legislation they will be held responsible for product compliance of all products that do not comply with this local entity requirement. They acknowledged their responsibilities in signing a Safety Pledge with the EU Commission.

There is a solution to secure keeping access to the market. One that ensures you keep access to the market and at the same time takes the pressure away from your customer or fulfilment service provider. One that also can take care of the communication with authorities. One that is instantly available and does not require you to go to the stressful and costly progress of registering and maintaining a local entity: ProductIP Authorised Representative (AR) Services.

ProductIP as your Authorised Representative

  • Confidential. ProductIP is neutral in the market and not involved in the trade of goods.
  • Competent. ProductIP is expert in non-food consumer goods product compliance.
  • Informed. ProductIP’s web-based solution ensures you keep track of regulatory changes.
  • Compliant. ProductIP technical files ensure that:
    • correct Declarations of Conformity, CE and UK CA, are being generated fast and correct; 
    • compliance information is stored; 
    • readily available for 10 years as is legally required in the EU and UK.
  • Efficient. ProductIP’s built-in Digital Product Passport function enables you to provide authorised access to essential information via a unique URL accessible via a QR-Code

Advantages of using an AR

  • Set up and maintain a legal entity in the EU and/or the UK.
  • Share confidential information with a commercial partner, distributor or agent.
  • Modify / Change addresses / labels / manuals whenever distributors or agents change.

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.

Your legal options

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.

Authorised Representatives or not?

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:

  1. Manufacturer / Brand-owner inside the EU / EFTA, or UK:
    • The brand name or registered trademark are on the product, packaging, or other artwork.
  1. Manufacturer / Brand-owner is outside the EU / EFTA or UK, imported by others
    • The brand name or registered trademark are on product, packaging, or other artwork; 
    • ‘Manufactured by’: address information is that of the non-EU/non-UK brand owner; 
    • Additionally, ‘imported by’: name and address information are those of the EU/UK importer.
  1. Manufacturer / Brand-owner / Seller is outside the EU / EFTA or UK, delivering products to consumers via Fulfilment Service Providers or via Drop-Shipping
    • The brand name or registered trademark are on product, packaging, or other artwork.
    • Address information of ProductIP as Authorised Representative of the brand owner.
    • (Optional) Use the unique ProductIP generated QR-code on shipping documents and or  packaging to demonstrate that you comply with new rules and provide direct access for customs and the user/consumer to the essential compliance documentation. 

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.

What is covered?

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:

  • Keeping the technical documentation and any required EU or UKCA Declaration of Conformity at the disposal of national surveillance authorities and cooperate with them at their request; 
  • Upon a reasoned request from a competent national authority, provide that authority with all the information and documentation necessary to demonstrate the compliance of a product; 
  • Cooperate with the competent national authorities, at their request, on any action taken to eliminate the risk posed by products covered by the mandate; 
  • Immediate notification of product incidents based on timely information received from you as our customer; 
  • Per your instructions share information with commercial partners via the ProductIP platform (B2B);
  • Per your instruction share information via URL and QR code (B2C).

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.

THREE STEPS TO START!

What do we expect from you as a responsible Manufacturer/Seller?


We need you to

  • Provide ProductIP with a clear mandate (the sgined contract) on what is included in the tasks and responsibilities of the Authorised Representative; 
  • Indemnify ProductIP from any product liability and consequential claims and damages; 
  • Place technical documentation in our trust via the ProductIP platform to ensure compliance with the availability requirements of the authorities; 
  • Have systems in place that ensure that compliance is maintained during series production; 
  • Immediately notify us of product incidents.
  • Fully cooperate with requests from competent national authorities

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.

Are your products in our scope?

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.