Short answer
Under Article 4 of Regulation (EU) 2019/1020, a product made outside the EU needs one economic operator established in the EU: an importer, an Authorized Representative with a written mandate, or, failing both, a fulfilment service provider. The importer buys and resells the goods; the Authorized Representative only acts on the manufacturer's behalf. Either can be the 'responsible person' named on the label.
If you manufacture in China, Turkey, India or anywhere else outside the European Union, sooner or later a customer, a customs broker or Amazon will ask you: “Who is your EU responsible person?” Three terms circulate, often mixed up: importer, Authorized Representative and responsible person. They are not the same thing.
The legal basis: Article 4 of Regulation (EU) 2019/1020
Since 16 July 2021, the Market Surveillance Regulation requires that certain products, including electrical equipment, electronics, radio equipment, toys, PPE and machinery, may only be placed on the EU market if there is an economic operator established in the Union responsible for specific compliance tasks. Article 4 lists who can take this role, in order:
- a manufacturer established in the EU;
- an importer, where the manufacturer is not established in the EU;
- an Authorized Representative with a written mandate from the manufacturer;
- a fulfilment service provider established in the EU, where none of the above exists.
The General Product Safety Regulation (EU) 2023/988 extended the same principle to consumer products in general from 13 December 2024.
“Responsible person” is not a fourth type of company. It is simply the common name for whichever of these operators takes the Article 4 role for your product.
Importer: the one who buys the goods
An importer is an EU company that places your product on the EU market in its own name. It typically buys the goods from you and resells them. The importer has its own legal obligations: it must check that you have carried out the conformity assessment, that the CE marking and documentation are in order, and it must put its own name and address on the product.
This works well when you sell through one large distributor per country. It works badly when:
- you sell directly to many small EU customers or through marketplaces;
- your distributors refuse to take legal responsibility;
- you want to keep control of your technical documentation.
Authorized Representative: the one who acts for you
An Authorized Representative does not buy or sell anything. It acts on your behalf under a written mandate that defines its tasks. Under Article 4(3) of Regulation 2019/1020, these tasks include at least:
- keeping the EU Declaration of Conformity and technical documentation available to authorities, usually for 10 years;
- providing authorities with all information needed to demonstrate conformity;
- informing authorities when a product presents a risk;
- cooperating on corrective action.
Because the representative is independent of your sales channels, you can sell to any number of distributors, retailers or end customers in any EU country while one representative covers all of them.
Comparison
| Importer | Authorized Representative | |
|---|---|---|
| Buys and resells the goods | Yes | No |
| Needs a written mandate | No | Yes |
| Name on the product | Its own, as importer | Its own, as EU representative |
| Keeps technical documentation | Must be able to provide it | Yes, under the mandate |
| Works with marketplaces and many distributors | Difficult | Yes |
Which one do you need?
- You sell through one exclusive importer per market and the importer accepts its obligations: the importer can be your EU operator.
- You sell through several channels, online, or to business customers who will not act as importers: you need an Authorized Representative.
- You sell consumer products without CE marking: under GPSR you still need an EU operator, and an Authorized Representative is usually the simplest solution.
What to check before you sign
A serious representative will review your documents before accepting the mandate. If someone offers to “rent” you an EU address without looking at your test reports, that is a warning sign: in an inspection, a representative who never saw your file cannot defend it.
At ISOCONSULT S.R.L., we check the technical file, sign a bilingual mandate and approve your label before our name goes on your product. See how it works or request a quote.
This article is general information about EU product legislation and is not legal advice. Requirements depend on the exact product; contact us for an assessment of your case.