In very few cases, the role of the Authorized Representative is mandatory according to UK regulations. However, this option is highly recommended for any exporter who decides to operate on a regular basis in this market. As a result of Brexit, the previous EU-based Representatives have ceased to be recognized, forcing many companies to make a strategic decision and to choose an Authorized Representative that meets their requirements.
If your company makes a sale every ten years in the UK, this possibility may not be attractive, otherwise it should be taken into serious consideration. We analyze below the advantages of hiring an Authorized Representative (“Authorized Representative” in most regulations, “Responsible Person” in others).
Professional management of potential disputes
In the case of disputes with a UK-MSA (UK Market Surveillance Authorities), it is advisable to have a professional with experience in relations with market surveillance authorities.
Importers may not have the necessary technical skills to demonstrate that the manufacturer has correctly carried out the conformity assessment of the product. Often, it is the same importers who appreciate the presence of an Authorized Representative.
Comfort and control on the information
The importer is required by law to retain the UKCA Declaration of Conformity and the technical file for a period of 10 years starting from the date of product placement in the market. To fulfill this obligation, the manufacturer must provide all their importers with such documentation, thereby sharing with them the technical details of product compliance with applicable regulations and standards.
Assigning the responsibility of storing the technical documentation to an Authorized Representative facilitates the relationship with new importers and ensures absolute control over sensitive information.
Easier labeling
Perhaps the main difference between UKCA and CE regulations is the requirement to indicate the importer’s details (company name, trademark, address) on the labeling or packaging of the product.
Depending on the type of product and, above all, the existence of multiple importers, compliance with this obligation can be particularly complex. In many cases, the simplest approach is to mention the details of an Authorized Representative on the labeling and packaging.
Regulatory changes under control
The Authorized Representative is a figure with technical expertise who, in order to fulfill their role, needs to monitor the development of British regulations within their scope of responsibilities.
We don’t know to what extent the so-called “divergence” between UK and CE rules will go, but it is clear that any regulatory difference between the two systems can have significant implications for both a company looking to enter the UK market and one that is already established there. Hiring an Authorized Representative is equivalent to having an “alerts” service that keeps the manufacturing company informed about regulatory changes that directly affect them.