What is the role of an authorised representative?
Dec 20, 2024Understanding the GPSR
The General Product Safety Regulations (GPSR) relate to the safety of products sold within the EU and require that businesses not based within the EU, but selling to countries within it, appoint a representative to manage the administration in relation to the sale of their products.
You can find a copy of the GPSR here.
The legislation states (at Article 16), "A product covered by this Regulation shall not be placed on the market unless there is an economic operator established in the Union who is responsible for the tasks (which are set out elsewhere)".
What is an Authorised Representative?
If you take a look at the definitions within the GPSR, you'll find:
‘authorised representative’ means any natural or legal person established within the Union who has received a written mandate from a manufacturer to act on that manufacturer’s behalf in relation to specified tasks with regard to the manufacturer’s obligations under this Regulation;
What are the responsibilities of an Authorised Representative?
The authorised representative is required to regularly check that the product complies which the technical documentation, provide assistance to market surveillance authorities, and provide documented evidence of the checks performed.
Article 10 of the GPSR, sets out the role of the authorised representative:
a. Provide market surveillance authorities with copies of the written mandate (the document which states that they are authorised to act on behalf of the company)
b. Provide information and documentation necessary to demonstrate the safety of the product in the relevant official language
c. Inform the manufacturer if they have reason to believe or consider that the product is a dangerous product
d. Notify competent national authorities, using the Safety Business Gateway, of any actions taken to eliminate risks regarding risky products, if the information has not already been provided by the manufacturer
e. Cooperate with competent national authorities on any action taken to eliminate in an effective manner the risks posed by products covered by their mandate
Whilst this feels fairly technical and legal, in practice this means that an authorised representative or responsible person needs to ensure that the company or manufacturer complies with:
a. Record-keeping requirements
b. Technical documentation requirements
c. Instructions and safety information requirements
d. Labelling information, and this needs to include:
- Product identification
- Manufacturer’s name
- Manufacturer’s postal and electronic address
- Authorised representative’s name, address and other contact details
In summary, the authorised representative is required to administrate the necessary documentation for the manufacturer. They do not get involved with completing safety testing or managing the supply chain. However, they must be supplied within information about each step of the product supply chain.
Find out more about how we can help and the Authorised Representative Service that we offer, click here for more information.