Authorised Representative (Art. 16)
Overview
Art. 16 CRA allows manufacturers established outside the EU to designate an Authorised Representative established in the EU to act on their behalf for certain tasks. The Authorised Representative serves as an interface and documentation point for authorities, but does not replace the manufacturer's substantive responsibility for product design and conformity.
LEGAL BASIS
Art. 16 CRA: "A manufacturer may, by a written mandate, appoint an authorised representative. The obligations laid down in Art. 13(1) (security requirements for product design) and the drawing up of the technical documentation shall not form part of the mandate."
Art. 3 No. 22 CRA: "Authorised representative" means any natural or legal person established in the Union who has received a written mandate from a manufacturer to act on its behalf in relation to specified tasks.
When Is an Authorised Representative Required?
An Authorised Representative is needed when:
- The manufacturer is established outside the EU and places products with digital elements on the EU market
- No importer pursuant to Art. 15 is present to serve as the interface to EU authorities
- The manufacturer wishes to ensure a formal EU presence for communication with Market Surveillance authorities
NOT A SUBSTITUTE FOR AN IMPORTER
The designation of an Authorised Representative does not replace the obligations of the Importer (Art. 15). Where a separate Importer exists, the Importer has its own independent obligations. Where neither an Authorised Representative nor an Importer exists, authorities cannot directly reach the manufacturer in the EU, which may lead to intensified enforcement measures.
Delegable Tasks (Art. 16 Para. 2)
The Authorised Representative shall perform the tasks specified in the mandate. At a minimum, these include:
1. Holding Documentation
- Hold the EU declaration of conformity pursuant to Art. 28 available for at least 10 years
- Keep the technical documentation pursuant to Annex VII available for authorities
- Present conformity assessment records upon request
2. Cooperation with Market Surveillance Authorities
- Upon reasoned request, provide authorities with all information and documentation necessary to demonstrate conformity
- Respond in the language of the authority or a language accepted by the authority
- Cooperate with corrective measures ordered to eliminate risks
3. Information Obligations
- Inform the manufacturer without delay about authority requests
- Inform authorities about the identity of the manufacturer and their contact details
- In the event of an actively exploited vulnerability, notify the competent bodies (ENISA, national CSIRT) if the manufacturer does not respond
Non-Delegable Obligations
NOT TRANSFERABLE
The following manufacturer obligations cannot be delegated to the Authorised Representative:
- Product design and development -- Compliance with the essential requirements pursuant to Annex I Part I
- Carrying out the conformity assessment -- The manufacturer remains responsible for the proper execution (Module A, B+C, or H)
- Drawing up the technical documentation -- The documentation must be prepared by the manufacturer; the Authorised Representative merely holds it available
- Vulnerability handling processes -- The obligations under Annex I Part II remain with the manufacturer
- Security updates -- The provision of patches and updates
Formal Requirements for the Mandate
The designation of an Authorised Representative must meet the following requirements:
- [ ] Written mandate -- Formal, signed document
- [ ] Precise product scope -- Which products/product lines are covered
- [ ] Scope of tasks -- Which delegable tasks are assigned to the Authorised Representative
- [ ] Contact details of both parties (manufacturer and Authorised Representative)
- [ ] Language arrangement -- In which language communication with authorities shall take place
- [ ] Duration and termination -- Commencement, duration, and conditions for termination
- [ ] Liability arrangement -- Agreement on the distribution of liability
RETENTION
The written mandate must be available for presentation to Market Surveillance authorities upon request. It should be archived together with the EU declaration of conformity and the technical documentation (retention period: 10 years after placing the last affected product on the market).
BAUER GROUP Context
Scenario 1: BAUER GROUP as Non-EU Manufacturer
Where a BAUER GROUP subsidiary is established outside the EU and places products with digital elements on the EU market:
| Measure | Description |
|---|---|
| Designate Authorised Representative | Appoint BAUER GROUP EU establishment as Authorised Representative |
| Written mandate | Prepare mandate for each affected product / product line |
| Documentation flow | Transfer technical documentation from non-EU site to the Authorised Representative |
| Authority communication | Authorised Representative acts as primary contact for national authorities |
Scenario 2: BAUER GROUP as Authorised Representative for Partners
Where BAUER GROUP acts as Authorised Representative for a non-EU partner supplier:
- [ ] Obtain written mandate from the partner manufacturer
- [ ] Clearly define product scope
- [ ] Ensure the partner has properly carried out the conformity assessment
- [ ] Obtain and archive EU declaration of conformity and technical documentation
- [ ] Establish process for authority requests
- [ ] Assess liability risks and regulate them contractually
LIABILITY RISK
As an Authorised Representative, BAUER GROUP is jointly and severally liable with the manufacturer for certain obligations. Careful contractual safeguards and indemnification are essential.
Relationship to Importer (Art. 15)
The roles of the Authorised Representative and the Importer are complementary but distinct:
| Aspect | Authorised Representative (Art. 16) | Importer (Art. 15) |
|---|---|---|
| Appointment | By the manufacturer via mandate | Independent economic operator |
| Primary function | Documentation + authority contact | Due diligence + placing on the market |
| Own labelling | No | Yes (name, address on the product) |
| Conformity verification | Not required | Must verify before placing on the market |
| Storage/transport | No influence | Must ensure conformity |
| Reporting obligations | On behalf of the manufacturer | Independent obligation |
Where no Authorised Representative has been designated, the Importer assumes additional documentation and communication duties towards the authorities. Designating an Authorised Representative may relieve the Importer in this area, but does not exempt the Importer from its own verification and due diligence obligations.
Details: Importer Obligations
Checklist: Authorised Representative
Designation
- [ ] Authorised Representative established in the EU
- [ ] Written mandate prepared and signed
- [ ] Product scope clearly defined in the mandate
- [ ] Scope of tasks determined
- [ ] Liability arrangement contractually agreed
- [ ] Contact details of the Authorised Representative included in the EU declaration of conformity
Ongoing Operations
- [ ] EU declaration of conformity deposited with the Authorised Representative
- [ ] Technical documentation available at the Authorised Representative
- [ ] Process for authority requests established and tested
- [ ] Information flow between manufacturer and Authorised Representative ensured
- [ ] Mandate updated for product changes or new products
- [ ] Archiving for 10 years ensured
Penalties
| Violation | Penalty |
|---|---|
| Authorised Representative fails to fulfil obligations | Up to EUR 10 million or 2% of global annual turnover |
| False / incomplete information to authorities | Up to EUR 5 million or 1% of annual turnover |
| Mandate not available for presentation | Formal non-conformity (Art. 56) |