Do I need a European Authorized Representative to sell in Europe?

Under the General Product Safety Regulation (EU) 2023/988 (GPSR), non-EU businesses selling products in Europe must appoint a responsible person within the EU. Additionally, various EU harmonised legislation may require companies without an EU establishment to appoint an EU-based economic operator to serve as their authorized representative for regulatory matters and market surveillance.

Understanding Your EU Market Entry Requirements

The European Union has established comprehensive regulations governing product safety and market access for businesses operating outside the EU. The GPSR, alongside the Market Surveillance Regulation (EU) 2019/1020 (MSR), creates mandatory requirements for non-EU manufacturers selling products to European consumers.

These regulations apply to any product made available on the EU market, whether:

New products
Used products
Repaired products
Reconditioned products

This includes products sold through:

Online marketplaces like Amazon or eBay
Retail distribution channels
Direct sales to EU consumers

The legislation covers a broad range of consumer and industrial products, from household electronics and home appliances to personal protective equipment and garden tools. If you manufacture products outside the EU and want to sell them within European markets, you must comply with these regulatory frameworks.

What Is an European Authorized Representative?

An European Authorized Representative is an EU-based economic operator that may be appointed by non-EU manufacturers to act as their formal contact point for regulatory compliance and market surveillance activities under certain EU regulations. This representative serves as your legal presence within the European Union for product safety matters.

Under various EU harmonised legislation and the MSR, your Authorized Representative holds several important responsibilities:

Maintain and make available your Declaration of Conformity and technical documentation to authorities when requested
Verify that required product safety documents are present and complete before products enter the market
Cooperate with EU market surveillance authorities during inspections and investigations
Notify authorities of serious product risks when required
Support recall actions or consumer notifications that you initiate as the manufacturer

When Do You Legally Need an EU Authorized Representative?

You legally need an EU Authorized Representative when you’re a non-EU manufacturer placing products on the European market and don’t have an established place of business within the EU. This requirement applies across multiple regulatory frameworks. Note that under the GPSR, a responsible person is mandatory, while an authorized representative may be appointed.

Regulation/Directive	Full Name	Requires EU Rep
GPSR	General Product Safety Regulation	Responsible person mandatory
EMC	Electromagnetic Compatibility	Yes
LVD	Low Voltage Directive	Yes
RoHS	Restriction of Hazardous Substances	Yes

Online marketplaces enforce these requirements strictly. Platforms like Amazon and eBay will not allow you to sell products without having proper EU representation in place. This makes compliance not just a legal requirement, but a practical necessity for market access.

The regulation covers:

Household electronics
Fitness and wellness products
Electrical equipment
Outdoor equipment
Consumer goods sold through any channel to EU-based consumers

What Happens if You Sell Without Proper EU Representation?

Selling without proper EU representation exposes your business to significant enforcement actions from market surveillance authorities. The consequences include:

Consequence	Impact	Timeline
Substantial fines	Financial penalties	Immediate
Cease-selling orders	Sales prohibition	Immediate
Market removal	Complete EU market ban	Immediate
Product recalls	Costly recall management	Ongoing
Marketplace suspension	Loss of selling privileges	Immediate

The consequences extend beyond immediate penalties. Without proper representation, you lack the regulatory infrastructure to respond quickly to safety issues or authority inquiries, potentially escalating minor compliance matters into major regulatory problems.

How Do You Choose the Right Authorized Representative for Your Business?

Choosing the right Authorized Representative requires evaluating their regulatory expertise and service scope across the frameworks that apply to your products. Use this checklist to assess potential representatives:

Essential Criteria:

Regulatory expertise: Experience with your specific product categories and relevant EU regulations
Response capabilities: Ability to cooperate promptly with market surveillance authorities
Documentation management: Proper maintenance and availability of required documents
Multi-framework coverage: Support across GPSR, EMC, LVD, RoHS, and other applicable legislation
Structured onboarding: Clear guidance and procedures for establishing compliance
Ongoing support: Continuous assistance for regulatory changes and authority communications

Questions to Ask Potential Representatives:

What is your experience with products in my category?
How quickly can you respond to authority requests?
Do you cover all the regulatory frameworks that apply to my products?
What is your onboarding process and timeline?
How do you handle ongoing compliance support?
What are your fees and service scope?

Making Informed Decisions About EU Market Compliance

Your EU market compliance strategy should prioritise establishing proper representation before attempting to sell products in Europe. The regulatory landscape requires proactive compliance rather than reactive responses to enforcement actions.

Key considerations for your compliance strategy:

Comprehensive coverage: Consider the full scope of your product portfolio when selecting representation
Coordinated approach: Products often fall under multiple regulatory frameworks requiring unified representation
Ongoing responsibility: Compliance is continuous, not a one-time setup
Professional support: Choose representatives who provide continuous support for regulatory changes and market issues

At EARP, we provide comprehensive european authorized representative services designed to support your sustainable market access across the full range of EU product safety regulations, ensuring you can focus on growing your business while we handle your regulatory compliance requirements.

If you are looking for support or to learn more, contact our team of experts today.