Reminder |Products sold to the UK market requiire a local authorized representative in the UK

Date：2021/7/20　　Clicks：831

Since Brexit, the Department for Business, Energy & Industrial Strategy (Department for Business, Energy & Industrial Strategy) has continued to publish and update the relevant requirements of the new UK certification system UKCA on its official website, including: products sold to the UK market , Need to appoint a local authorized representative in the UK.

Specific requirements are as follows:
◆ The UK does not recognize authorized representative companies or representatives in the EU.

◆ If the manufacturer needs (or chooses) to appoint an authorized representative, the authorized representative company or representative must be located in the UK and be responsible for the products sold in the UK market.

Source: UK Government Network-"Products Sold to the UK Market" was released on December 31, 2020, and updated on June 1, 2021.

https://www.gov.uk/guidance/placing-manufactured-goods-on-the-market-in-great-britain#appoint-an-authorised-or-responsible-person-in-the-uk

Definition of authorized representative in the UK

The UK authorized representative originates from the EU CE requirements for EU authorized representatives that the UK has been implementing before Brexit.

The definition of authorized representative of the European  Unon was first published in "Resolution 768/2008/EC of the European Parliament and of the Council on the Common Framework for Product Sales on July 9, 2008", point 4 of Annex I: "Authorized Representative" refers to the European Community Any natural or legal person established within the company has received written authorization from the manufacturer to perform designated tasks on its behalf.

The Department of Business, Energy and Industrial Strategy of the United Kingdom directly quoted the definition of an EU authorized representative, requiring that products subject to UKCA regulations have a representative company or representative in the UK responsible for product compliance, and cited a similar definition in the UK regulations SI.

Source: Point 4 of Annex I to Resolution 768/2008/EC

"authorised representative’ shall mean any natural or legal person established within the Community who has received a written mandate from a manufacturer to act on his behalf in relation to specified tasks"

https://www.legislation.gov.uk/eudn/2008/768/annex/I

Obligations of an authorized representative in the UK

The UKCA guidelines published on the official website of the Department of Business, Energy and Industrial Strategy of the United Kingdom stipulate the obligations of authorized representatives in the UK including but not limited to:

(1) Storage of product technical documents

Authorized representatives (where permitted by relevant laws) must keep documents proving that the product meets regulatory requirements. After the product is put on the market, it must be stored for 10 years, and inspections can be provided if required by the regulatory authority.

(2) Preservation of the British Declaration of Conformity DOC

The DOC file should contain the name and address of the manufacturer or authorized representative, as well as information about the product and conformity assessment body (if applicable). If required by the supervisory authority, inspections can be provided.

(3) When applicable, conduct sample tests on electrical equipment sold on the market.

(4) When applicable, deal with non-conforming products and recall events, and keep corresponding records to ensure that distributors are aware of such monitoring requirements.

source:
1. "Using the UKCA Logo" December 31, 2020, updated on June 1, 2021.
https://www.gov.uk/guidance/using-the-ukca-marking

2. "Guidelines for the Safety of Electrical Equipment"
https://www.businesscompanion.info/en/quick-guides/product-safety/electrical-equipment

UK market compliance response

The relevant requirements of the UK UKCA system and its UK regulatory framework have been formally implemented on January 1, 2021. The transition period is only one year, and January 1, 2022 will become a mandatory market access requirement.