The authorised representative (AR) is required to maintain a relationship with the manufacturer. The terms and conditions of that relationship are detailed in a written mandate agreed between the manufacturer and the authorised representative.
The primary function of the AR is to act as a contact point for the market surveillance authorities, so they can access the product's technical documentation when the manufacturer is based outside the EU. In Addition, the authorised representative may have some other responsibilities assigned to them in the written mandate. For instance, the AR must deliver a copy of the mandate to the national market authority.
However, there is one area of responsibility where there is still some inconsistency – What is the role of the AR when it comes to the Declaration of Conformity? Is it mandatory for the AR's details to be provided on the Declaration of Conformity? Does the AR need to sign the Declaration?
The answers to these questions depend on the requirements of the relevant EU directives. Some directives require the manufacturer or their authorised representative to have their name and address on the Declaration. In contrast, others say that both the manufacturer's and the AR's contact details must be present. Typically, it is not a requirement for the authorised representative to sign the Declaration of Conformity. An exception is made when the manufacturer's details are missing, and the written mandate includes an obligation on the AR to sign the Declaration. Then, the AR's details must be provided in the Declaration of Conformity.
The following directives do not require the AR's details to be provided on the Declaration of Conformity:
- LVD – Directive 2014/35/EU
- EMC – Directive 2014/30/EU
- NOISE - Directive 2000/14/EC
- RED – Directive 2014/53/EU
- TOY - Directive 2009/48/EC
- EcoDesign – Directive 2011/65/EC
- RoHS – Directive 2011/65/EU
- PYRO – Directive 2013/29/EU
- RCPW – Directive 2013/53/EU