Authorized Representative of the Manufacturer – What Does It Actually Mean?

Authorized representative of the manufacturer – what does it actually mean? Many only consider this role when faced with compliance issues, such as a machine lacking the necessary CE marking, which prevents its legal use within the European Union. A case in point involves a client who purchased a series of machines from a renowned UK manufacturer, only to find out the absence of CE marking barred their use. This underscores the critical importance of an authorized representative in ensuring full compliance with EU regulations.

Who is an Authorized Representative?

An authorized representative is an individual or legal entity based within the European Union, appointed by a non-EU manufacturer to represent them in matters related to introducing machinery to the EU market. The Machinery Directive 2006/42/EC mandates that manufacturers ensure proper representation within the EU, particularly concerning access to technical documentation and compliance with safety requirements. The authorized representative acts on behalf of the manufacturer, handling specific aspects of the conformity assessment process, though they do not assume responsibility for the design or production of the machinery. This authorization is formalized through a written agreement that delineates the representative’s responsibilities.

Why Do Manufacturers Need an Authorized Representative?

Manufacturers outside the European Union aiming to market their machinery within the EU must comply with the Machinery Directive 2006/42/EC. Often, these manufacturers lack a direct presence in the EU, making it challenging to meet all formal requirements related to conformity assessment, EC declaration of conformity, and communication with market surveillance authorities. The authorized representative serves as an intermediary, assuming responsibility for the product’s compliance within the EU, ensuring all documents and requirements align with EU regulations.

What Are the Responsibilities of an Authorized Representative?

The responsibilities of an authorized representative can vary based on their agreement with the manufacturer, but typically include:

• Maintaining complete technical documentation for a specified period (usually 10 years from the machine’s market introduction), identical to that of the manufacturer, including risk assessment.
• Providing market surveillance authorities access to the technical documentation and EC declaration of conformity.
• Acting on behalf of the manufacturer in case of any issues related to machine safety.
• Providing information on machine compliance and cooperating with market surveillance authorities.

The authorized representative essentially assumes responsibility for the product within the EU, meaning they are accountable to market surveillance authorities for all safety-related aspects of the machinery.

According to the Machinery Directive 2006/42/EC, the authorized representative must possess full technical documentation of the machine, identical to that of the manufacturer. This documentation includes a general description of the machine, drawings and diagrams, a list of harmonized standards applied during design, test results, and a risk assessment. Only with access to complete documentation can the authorized representative effectively ensure compliance with EU requirements. The documentation must be available to authorities, but the representative may face challenges in assessing compliance without full information on the machine’s safety functions, such as control code access or a comprehensive description of protective measures. Therefore, it is crucial for the manufacturer to provide complete and detailed information, enabling the authorized representative to fulfill their duties.

It is important to note that the authorized representative cannot assume responsibilities related to the design or production of the machine. Their role is limited to actions related to ensuring compliance and communication with authorities.

Consequences of Lacking an Authorized Representative: Penalties for Non-Compliance

Failure to comply with the Machinery Directive 2006/42/EC can lead to severe legal consequences for both the manufacturer and the authorized representative. If non-compliance is detected, market surveillance authorities may impose hefty fines, prohibit the product’s market introduction, and even mandate its withdrawal from circulation. The authorized representative, operating within the European Union, assumes responsibility for machine compliance, meaning they may also face sanctions if documentation is incomplete or non-compliant with regulations. Therefore, it is crucial that all actions are conducted in accordance with current regulations.

Examples of Authorized Representatives

In the European market, authorized representatives play a crucial role, especially when introducing machinery from outside the EU. Here are a few examples:

• Korean Forklifts in Poland: A company importing Korean forklifts to Poland appointed an authorized representative to ensure compliance with the Machinery Directive, prepare the necessary technical documentation, and ensure safe machine operation within the EU.
• Japanese CNC Machines: A Japanese CNC machine manufacturer, seeking to enter the European market, appointed an authorized representative to take responsibility for product compliance, technical documentation, and contact with European market surveillance authorities.
• American Production Lines: In Germany, an authorized representative is responsible for introducing production lines from the USA, ensuring compliance with the Machinery Directive, maintaining documentation, and collaborating with local market surveillance authorities.

These examples illustrate the importance of having a suitable representative to meet legal requirements in the European market. Choosing the right authorized representative can help avoid issues related to non-compliance and legal sanctions.

FAQ: Authorized Representative of the Manufacturer