Every non-EU manufacturer placing products on the EU market must appoint an EU-resident Authorised Representative under ESPR Article 16. The Authorised Representative is responsible for DPP registration, technical documentation, EU Declaration of Conformity, and communication with EU market surveillance authorities. Without one, your products cannot legally enter the EU.
An EU Authorised Representative is a natural or legal person established in the EU who is appointed by a non-EU manufacturer to act on their behalf for ESPR compliance purposes. The Authorised Representative is the legal contact point for EU market surveillance authorities, customs, and other regulatory bodies. They hold the technical documentation and EU Declaration of Conformity on behalf of the manufacturer and are responsible for DPP registration.
Every manufacturer established outside the EU who places products on the EU market must appoint an EU Authorised Representative. This includes manufacturers in China, South Africa, India, Bangladesh, Vietnam, Indonesia, Brazil, South Korea, and all other non-EU countries. There is no exemption for small manufacturers or low-volume exporters.
The requirement applies to direct manufacturers. Importers and distributors who place products on the EU market under their own name or trademark are treated as manufacturers and must comply with all manufacturer obligations, including appointing an Authorised Representative if they are not established in the EU.
| Obligation | Detail | Legal Basis |
|---|---|---|
| Technical documentation | Keep technical documentation available for market surveillance authorities for 10 years after last product placed on market | ESPR Article 16(2)(a) |
| EU Declaration of Conformity | Keep EU Declaration of Conformity available for market surveillance authorities for 10 years | ESPR Article 16(2)(b) |
| DPP registration | Register the Digital Product Passport in the EU DPP Registry before the product is placed on the market | ESPR Article 16(2)(c) |
| Market surveillance cooperation | Cooperate with market surveillance authorities; provide all information and documentation requested; take corrective action when required | ESPR Article 16(2)(d) |
| Non-compliance notification | Inform the manufacturer immediately of any compliance issues identified by market surveillance authorities | ESPR Article 16(2)(e) |
| Mandate availability | Keep the written mandate available for market surveillance authorities on request | ESPR Article 16(3) |
The appointment must be made in writing — a mandate agreement signed by both the manufacturer and the Authorised Representative. The mandate must specify: the products covered; the obligations of the Authorised Representative; the duration of the appointment; and the termination conditions. The mandate must be available to market surveillance authorities on request.
When selecting an Authorised Representative, manufacturers should verify that the representative: is established in the EU (not just registered); has experience with ESPR or similar EU product regulations; has the technical capacity to maintain documentation and respond to market surveillance inquiries; and has professional indemnity insurance.
| Role | Who They Are | Key Obligations | Liability |
|---|---|---|---|
| Authorised Representative | EU-resident person or company appointed by non-EU manufacturer | Technical documentation; DoC; DPP registration; market surveillance cooperation | Shares manufacturer liability for compliance |
| Importer | EU-resident company that places products on the EU market in its own name | Verify manufacturer compliance; keep documentation; cooperate with authorities | Independent liability for products placed on market |
| Distributor | EU-resident company that makes products available on the EU market | Verify CE marking; verify DPP; cooperate with authorities | Limited liability; treated as manufacturer if they modify products |
ESPR Article 16 requires every non-EU manufacturer placing products on the EU market to appoint an EU Authorised Representative (AR). The AR is a natural or legal person established in the EU who is designated by the manufacturer to act on their behalf for ESPR compliance purposes. The AR's mandate must be in writing and must specify the scope of the AR's authority — typically covering all ESPR compliance obligations for the products specified in the mandate.
The AR is not a passive administrative contact. They have active legal obligations under ESPR: verifying that the manufacturer has compiled the technical documentation and drawn up the EU DoC before the product is placed on the EU market; keeping the technical documentation available for market surveillance authorities; cooperating with market surveillance authorities; and informing the manufacturer of any compliance issues identified by market surveillance authorities. An AR who fails to fulfil these obligations is personally liable for ESPR violations.
| Dimension | EU Authorised Representative | Importer |
|---|---|---|
| Definition | Designated by manufacturer; established in EU | First person to place product on EU market |
| Appointment | Voluntary (but required for non-EU manufacturers) | Automatic (by virtue of importing) |
| Obligations | ESPR compliance verification, documentation custody | Verify DPP exists, verify CE marking, keep records |
| Liability | For ESPR compliance failures within mandate scope | For products placed on market without valid DPP/CE |
| EPREL registration | Can register DPPs on behalf of manufacturer | Can register DPPs if no AR appointed |
EU Authorised Representatives are typically law firms, compliance consultancies, or specialist AR service providers established in the EU. When selecting an AR, manufacturers should verify that the AR has experience with ESPR compliance (not just general product regulation), has the technical capability to review technical documentation, has professional liability insurance, and has a clear process for communicating with market surveillance authorities. The AR's name and address must appear in the EU DoC and must be accessible via the DPP.
The EU Authorised Representative (AR) is a legal entity established in the EU that acts on behalf of a non-EU manufacturer for the purposes of EU product legislation. Under ESPR, the AR must: hold a copy of the EU Declaration of Conformity and the technical documentation for at least 10 years after the last product is placed on the market, cooperate with market surveillance authorities and provide them with the technical documentation on request, inform the manufacturer if the product poses a risk to health, safety, or the environment, and register the product in the EU product database on behalf of the manufacturer. The AR is jointly and severally liable with the manufacturer for the product's compliance with ESPR requirements — if the product is found to be non-compliant, both the manufacturer and the AR can be held liable.
When selecting an EU Authorised Representative, non-EU manufacturers should consider: the AR's experience with ESPR and related EU product legislation, their technical competence in the manufacturer's product category, their geographic location (an AR in a member state with active market surveillance is preferable), their fee structure (typically an annual retainer plus per-product fees), and their ability to respond quickly to market surveillance authority requests. The AR relationship is a legal contract — manufacturers should ensure the contract clearly specifies the AR's obligations, the fee structure, the notice period for termination, and the data portability provisions (what happens to the technical documentation if the AR relationship is terminated). The EORI (Economic Operators Registration and Identification) number of the AR must be included in the EU Declaration of Conformity and the EU product database registration.
EU importers — companies that import products from non-EU manufacturers and place them on the EU market — have specific obligations under ESPR that are distinct from the AR's obligations. The importer must: verify that the manufacturer has drawn up the technical documentation and the EU Declaration of Conformity, verify that the product bears the CE marking and the DPP data carrier, keep a copy of the EU Declaration of Conformity for 10 years, and cooperate with market surveillance authorities. If the importer has reason to believe that a product is not in conformity with ESPR requirements, they must not place the product on the market until it has been brought into conformity. Importers that are also the AR for a non-EU manufacturer have both sets of obligations — they must ensure their compliance processes address both roles.
If a non-EU manufacturer wishes to change their EU Authorised Representative, they must ensure continuity of compliance during the transition. The outgoing AR must transfer all technical documentation and DPP records to the incoming AR, and the manufacturer must update the EU Declaration of Conformity and the EU product database registration to reflect the new AR's details. The manufacturer must also update the product labelling to show the new AR's name and address — this may require a label change for products already in the supply chain. The transition period should be planned carefully to ensure that there is no period during which the manufacturer has no AR in the EU, as this would constitute non-compliance with ESPR. A minimum 90-day notice period for AR termination is recommended to allow sufficient time for the transition.
An EU Authorised Representative is a natural or legal person established in the EU who is appointed by a non-EU manufacturer to act on their behalf for ESPR compliance purposes. The Authorised Representative is responsible for DPP registration, technical documentation, EU Declaration of Conformity, and communication with market surveillance authorities.
Yes. ESPR Article 16 requires every non-EU manufacturer placing products on the EU market to appoint an EU-resident Authorised Representative. Without an Authorised Representative, a non-EU manufacturer cannot legally place products on the EU market.
An EU importer can act as the Authorised Representative if they accept the mandate in writing. However, the importer's obligations as Authorised Representative are separate from their obligations as importer. Many importers prefer not to take on the additional liability of being the Authorised Representative.
The Authorised Representative's obligations under ESPR Article 16 include: keeping the technical documentation and EU Declaration of Conformity available for 10 years; registering the DPP in the EU DPP Registry; cooperating with market surveillance authorities; and informing the manufacturer of any compliance issues.
Products placed on the EU market without an EU Authorised Representative are non-compliant with ESPR. Market surveillance authorities can order the withdrawal of non-compliant products. Importers and distributors who place non-compliant products on the market may also face penalties.
The appointment must be made in writing — a mandate agreement signed by both the manufacturer and the Authorised Representative. The mandate must specify the products covered, the obligations of the Authorised Representative, and the duration of the appointment. The mandate must be available to market surveillance authorities on request.
The EU DPP Registry goes live on 19 July 2026. EU customs will verify DPP compliance automatically from that date. Products without a valid DPP can be refused entry. Register now at Africa's first ESPR-compliant DPP registry.
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