What is an EU authorised representative and when is one needed?

Dutch term: Gemachtigde vertegenwoordiger (EU) | Legal basis: Regulation (EU) 2019/1020 + sector-specific legislation

An EU authorised representative (gemachtigde vertegenwoordiger) is a natural or legal person established in the EU who has been appointed by a non-EU manufacturer to act on its behalf in relation to certain compliance obligations under EU product legislation. The representative holds technical documentation available for authorities, cooperates with market surveillance, and in some cases affixes its name and address to the product.

Under Regulation (EU) 2019/1020 on market surveillance, a product covered by certain EU harmonised legislation can only be placed on the EU market if there is at least one economic operator established in the EU who is responsible for compliance tasks. For non-EU manufacturers selling through an EU importer, the importer typically fulfils this role. For non-EU manufacturers selling directly to EU end users (including through online marketplaces), an authorised representative or a fulfilment service provider established in the EU is required.

Why it matters for international businesses

For non-EU manufacturers exporting to the EU through the Netherlands, understanding whether an authorised representative is needed, what the representative's obligations are, and how to structure the contractual relationship with the representative is a practical compliance question that MAAK Advocaten advises on regularly.