When importing machinery from outside the EU, you need to understand the different requirements for importers and authorised representatives in the UK and EU markets. Recently, a client contacted me about a piece of machinery coming from outside the EU that was supposedly CE marked, and they needed clarification on the steps required to legally bring it into the UK for their own use.
This article breaks down the key requirements and roles of importers in the UK and authorised representatives in the EU, using recent guidelines from the UK government and EU legislation. Let’s explore these requirements to help you stay compliant.
UKCA Marking and CE Marking: What’s the Difference?
To understand the responsibilities, it is essential to clarify the different types of product markings used in the UK and the EU. The UK uses the UKCA (UK Conformity Assessed) marking, while the EU uses the CE (Conformité Européenne) marking. Both markings indicate that a product meets the necessary regulatory requirements for safety, health, and environmental protection. To learn more about CE Marking, click here.
In 2024, the UK government announced that businesses can continue to use CE-marked products on the Great Britain market indefinitely for various goods, including machinery and electrical equipment. This gives businesses in the UK the flexibility to choose between the CE marking or the UKCA marking when placing products on the market.
However, if you decide to use CE marking, you must ensure that you have completed all the necessary conformity assessment processes. These include working with an EU-notified body when required, applying the correct EU conformity markings, and providing a Declaration of Conformity in English. But what about the role of authorised representatives and importers? This is where things become more complex.
Do You Need an Authorised Representative?
An authorised representative is a person or company located within the EU who acts on behalf of a manufacturer outside the EU. The EU requires an authorised representative when placing products, including machinery, on its market. This representative ensures that the product meets all relevant EU directives and regulations.
In contrast, the UK does not require an authorised representative. Instead, the UK government defines the roles and responsibilities for importers bringing products into Great Britain. This distinction between authorised representatives in the EU and importers in the UK is a critical difference that businesses must understand.
What Are the Responsibilities of an Importer in the UK?
If you are placing a product on the market in Great Britain from outside the UK, you must follow the requirements for importers. These requirements differ from those for authorised representatives in the EU.
The UK government guidelines define an importer as any individual or business based in the UK that supplies a product from outside the UK for distribution, consumption, or use on the GB market as part of their commercial activity. Importers take on significant responsibilities to ensure that the products they bring into the UK comply with all relevant regulations.
Here are the key responsibilities for importers:
- Ensure Compliance: As an importer, you must ensure that the product complies with the relevant UK regulations. This includes verifying that the manufacturer has carried out the correct conformity assessment procedures, prepared the necessary technical documentation, and marked the product with the correct conformity markings, like the UKCA or CE marking.
- Documentation and Labelling: You must provide a Declaration of Conformity in English and display your details, such as your name, registered trademark, or trade name, and postal address on the product or its packaging.
- Prevent Non-compliant Products from Entering the Market: You must not place non-compliant products on the UK market. If you discover that a product is not compliant, you must take corrective actions, such as making the product compliant or removing it from the market.
- Take Action on Non-compliant Products: If you suspect that a product is non-compliant, you must either ensure compliance or withdraw or recall the product from the market. This includes checking whether the manufacturer has fulfilled their responsibilities under the UK regulations.
How Do Importers and Authorised Representatives Differ?
While the EU requires an authorised representative, the UK relies on the role of the importer. Here’s a breakdown of their respective responsibilities:
- Authorised Representatives in the EU: These representatives ensure that products from outside the EU comply with all relevant EU regulations. They act as the point of contact for market surveillance authorities and must have a physical presence within the EU. They handle tasks like preparing Declarations of Conformity and maintaining technical documentation.
- Importers in the UK: Importers take on similar responsibilities but do not need to be authorised representatives. They ensure compliance with UK regulations, maintain the required documentation, and correctly label the product. Importers also handle additional obligations that go beyond those of distributors.
The Practical Implementation of Article 4 in the EU
Regulation (EU) 2019/1020 on market surveillance and compliance of products, requires that before a product can be placed on the market, it must meet certain conditions regarding economic operators. An economic operator, as defined in Article 4 of the EU legislation, could be an authorised representative, a manufacturer, an importer, or a fulfilment service provider.
Several factors determine the requirement for an authorised representative:
- If a product has an authorised representative located in the EU, it meets the requirements.
- If no authorised representative exists, but the product is manufactured in the EU, the manufacturer takes on the role of the economic operator.
- If the product is sold in physical stores in the EU, the importer or the fulfilment service provider will serve as the economic operator.
- If none of these economic operators exist, the product cannot be sold in the EU until an authorised representative, importer, or fulfilment service provider is arranged.
The Key Takeaway for Businesses
If you are selling products from the UK to the EU, you may need to hire an authorised representative or use an authorised representative service to fulfil this role. However, if you are selling from outside the EU to the UK, you do not need an authorised representative. Instead, you must ensure that you meet the requirements for an importer.
To comply with UK regulations, you must:
- Clearly identify yourself as the importer and provide the necessary details on the product or packaging.
- Ensure the product complies with all relevant UK regulations, including completing the required conformity assessments and providing documentation in English.
- Take action to correct or remove non-compliant products from the market.
Conclusion
Understanding the different roles of authorised representatives in the EU and importers in the UK is crucial for businesses involved in importing machinery or other products. In the EU, having an authorised representative is mandatory, while in the UK, the importer must ensure compliance with all relevant regulations.
By knowing these requirements, you can navigate the complexities of placing products on the UK and EU markets and ensure that your business remains compliant with all applicable laws and standards.
