Regulatory Open Forum

Dear all,

we are company (MAN) outside the EU and therefore we need and have an Authorized Representative (AR) and an Importer (IMP). Additionally, we have a Logistics Hub (LH). AR and IMP are the same entity, a daughter of the MAN. LH is another daughter of the MAN. All entities share the same QM-System.

The devices are delivered directly to the LH. LH and IMP are not in the same location. Thus, some IMP responsibilities are difficult to maintain (i.e. checking the actual goods). We do not want to switch complete IMP responsibilities to LH, for various reasons.

We are thinking about setting up a contract between IMP and LH to delegate some responsibilities from IMP to LH. 

Do you think this is feasible and are there some caveats or responsibilities we cannot delegate?

Thank you for your insights!

Dear all,

we are company (MAN) outside the EU and therefore we need and have an Authorized Representative (AR) and an Importer (IMP). Additionally, we have a Logistics Hub (LH). AR and IMP are the same entity, a daughter of the MAN. LH is another daughter of the MAN. All entities share the same QM-System.

The devices are delivered directly to the LH. LH and IMP are not in the same location. Thus, some IMP responsibilities are difficult to maintain (i.e. checking the actual goods). We do not want to switch complete IMP responsibilities to LH, for various reasons.

We are thinking about setting up a contract between IMP and LH to delegate some responsibilities from IMP to LH. 

Do you think this is feasible and are there some caveats or responsibilities we cannot delegate?

Thank you for your insights!

Hi Britta,

the responsibilities of the obligations of an Importer cannot be delegated. In general, one cannot delegate a responsibility.

It is possible to outsource certain activities related to the obligations of the IMP to the LH and having IMP a suitable level of 'supplier control' over those outsourced activities to ensure IMP's responsibility. A contract should document the ins and outs of these arrangements, maybe even including QMS requirements. Key is that the IMP is in control of their obligations, whether performed by the IMP themselves or outsourced.

Dear all,

we are company (MAN) outside the EU and therefore we need and have an Authorized Representative (AR) and an Importer (IMP). Additionally, we have a Logistics Hub (LH). AR and IMP are the same entity, a daughter of the MAN. LH is another daughter of the MAN. All entities share the same QM-System.

The devices are delivered directly to the LH. LH and IMP are not in the same location. Thus, some IMP responsibilities are difficult to maintain (i.e. checking the actual goods). We do not want to switch complete IMP responsibilities to LH, for various reasons.

We are thinking about setting up a contract between IMP and LH to delegate some responsibilities from IMP to LH. 

Do you think this is feasible and are there some caveats or responsibilities we cannot delegate?

Thank you for your insights!

Dear all,

we are company (MAN) outside the EU and therefore we need and have an Authorized Representative (AR) and an Importer (IMP). Additionally, we have a Logistics Hub (LH). AR and IMP are the same entity, a daughter of the MAN. LH is another daughter of the MAN. All entities share the same QM-System.

The devices are delivered directly to the LH. LH and IMP are not in the same location. Thus, some IMP responsibilities are difficult to maintain (i.e. checking the actual goods). We do not want to switch complete IMP responsibilities to LH, for various reasons.

We are thinking about setting up a contract between IMP and LH to delegate some responsibilities from IMP to LH. 

Do you think this is feasible and are there some caveats or responsibilities we cannot delegate?

Thank you for your insights!

Dear all,

we are company (MAN) outside the EU and therefore we need and have an Authorized Representative (AR) and an Importer (IMP). Additionally, we have a Logistics Hub (LH). AR and IMP are the same entity, a daughter of the MAN. LH is another daughter of the MAN. All entities share the same QM-System.

The devices are delivered directly to the LH. LH and IMP are not in the same location. Thus, some IMP responsibilities are difficult to maintain (i.e. checking the actual goods). We do not want to switch complete IMP responsibilities to LH, for various reasons.

We are thinking about setting up a contract between IMP and LH to delegate some responsibilities from IMP to LH. 

Do you think this is feasible and are there some caveats or responsibilities we cannot delegate?

Thank you for your insights!

Dear all,

we are company (MAN) outside the EU and therefore we need and have an Authorized Representative (AR) and an Importer (IMP). Additionally, we have a Logistics Hub (LH). AR and IMP are the same entity, a daughter of the MAN. LH is another daughter of the MAN. All entities share the same QM-System.

The devices are delivered directly to the LH. LH and IMP are not in the same location. Thus, some IMP responsibilities are difficult to maintain (i.e. checking the actual goods). We do not want to switch complete IMP responsibilities to LH, for various reasons.

We are thinking about setting up a contract between IMP and LH to delegate some responsibilities from IMP to LH. 

Do you think this is feasible and are there some caveats or responsibilities we cannot delegate?

Thank you for your insights!

Dear Britta, 

Congratulation on this solution.  

Here is your question I believe needs the answer: "We are thinking about setting up a contract between IMP and LH to delegate some responsibilities from IMP to LH. 

Do you think this is feasible and are there some caveats or responsibilities we cannot delegate?"

Responsibility cannot be delegated, but certainly tasks may be delegated. I guess that would be the input to an agreement or the level of control excised between entities where an entity being responsible likes to have another entity perform certain tasks on its behalf.  

You most likely had this right anyway and the question just needed to be rephrased exchanging the term responsibility with tasks and then the answer would be simply be: YES, and there are no tasks which cannot be delegated.  

Dear all,

we are company (MAN) outside the EU and therefore we need and have an Authorized Representative (AR) and an Importer (IMP). Additionally, we have a Logistics Hub (LH). AR and IMP are the same entity, a daughter of the MAN. LH is another daughter of the MAN. All entities share the same QM-System.

The devices are delivered directly to the LH. LH and IMP are not in the same location. Thus, some IMP responsibilities are difficult to maintain (i.e. checking the actual goods). We do not want to switch complete IMP responsibilities to LH, for various reasons.

We are thinking about setting up a contract between IMP and LH to delegate some responsibilities from IMP to LH. 

Do you think this is feasible and are there some caveats or responsibilities we cannot delegate?

Thank you for your insights!