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  • 1.  Authorised rep needed for Low voltage directive

    This message was posted by a user wishing to remain anonymous
    Posted 14-Dec-2022 09:44
    This message was posted by a user wishing to remain anonymous

    Hi Everyone,

    We currently are looking to sell a product in the EU under the low voltage directive. The product is manufactured outside the EU, and I am trying to figure out if an authorized rep will be required. The LVD says in Article 7.1, "A manufacturer may, by a written mandate, appoint an authorised representative." but regulation 2019/1020 on market surveillance and compliance of products also applies to this directive and requires the manufacturer to be in the EU. Can anyone provide any clarity on how these two regulations work together and if an authorized rep will be needed or could we possibly use an importer instead?

    Thank you!


  • 2.  RE: Authorised rep needed for Low voltage directive

    Posted 17-Dec-2022 09:20
    Hello Anon

    Are you looking at Article 4? That part talks about how the CA needs to be able to work with someone located in the EU. If the manufacturer is there, that's their contact. If not, it's the importer who has those kinds of responsibilities, and/or the manufacturer's representative if they have one. It's not so much that you "use" an importer, as that the importer is subject to those rules.

    Paragraph (18) of the whereas'es may help to clarify that:

    A fairer single market should ensure equal conditions for competition to all economic operators and protection
    against unfair competition. To this end, strengthened enforcement of Union harmonisation legislation on
    products is necessary. Good cooperation between manufacturers and the market surveillance authorities is a key
    element, allowing immediate intervention and corrective action in relation to the product. It is important that, for
    certain products, there should be an economic operator established in the Union so that market surveillance
    authorities have someone to whom requests can be addressed, including requests for information regarding
    a product's compliance with Union harmonisation legislation, and who can cooperate with market surveillance
    authorities in making sure that immediate corrective action is taken to remedy instances of non-compliance. The
    economic operators who should perform those tasks are the manufacturer, or the importer when the
    manufacturer is not established in the Union, or an authorised representative mandated by the manufacturer for
    this purpose, or a fulfilment service provider established in the Union for products handled by it when no other
    economic operator is established in the Union.


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    Anne LeBlanc
    United States
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  • 3.  RE: Authorised rep needed for Low voltage directive

    Posted 19-Dec-2022 04:22
    Hello there,

    If the manufacturer is based in EU then you don't need legal representative but if the manufacturer is not based in EU you will need a legal representative. You can either use EU company that provides such services or you can register a business in a EU country. Often companies use Ireland as it is easier in terms of language.

    Hope this helps.
    Olga

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    Olga Peycheva
    Regulatory and Study Start Up Specialist
    Solutions OP Ltd
    olga.peycheva@solutionsop.co.uk
    United Kingdom
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