Hello Brian, I recommend referencing the Blue Guide. http://ec.europa.eu/DocsRoom/documents/18027
See the section 3.3 regarding the Importer. Much of the responsibility falls on the Importer when the Manufacturer does not have an authorized representative in the EU. The Importer is required to verify that the product fulfills the requirement with the applicable Directives, either directly or by having the Manufacturer do so. The Importer then becomes responsible for providing the Technical Construction File upon request and maintaining the required information for the prescribed time. If a Manufacturer has a contract with a specific Importer for the purposes of importing products to the EU, that Importer may be the Authorized Representative. It depends on the relationship between the Manufacturer and the Importer. See section 3.2 of the Blue Guide. It will depend on whether the Importer takes responsibility for verifying compliance or whether the Manufacturer does so. See footnote 215 in section 4.4 regarding signing the Declaration of Conformity. It indicates that a manufacturer located outside of the EU may draw up the DoC and use the signature of a person outside of the EU on the DoC unless specifically prohibited by the applicable Directives. I am not aware of the LVD or EMC Directive overruling this statement. I cannot respond regarding the Machinery Directive as I do not know it well enough to comment accurately. Ted Eckert Microsoft Corporation The opinions expressed are my own and do not necessarily reflect those of my employer. I have done my best to properly interpret the guidance of the Blue Guide, but that is a black art. My crystal ball is out for calibration right now and I fear that its uncertainty of measurement may to to great for proper EU regulatory interpretations. From: Kunde, Brian [mailto:brian_ku...@lecotc.com] Sent: Thursday, February 2, 2017 8:10 AM To: EMC-PSTC@LISTSERV.IEEE.ORG Subject: [PSES] Authorised Representative in EU A quick question. A manufacturer established outside the EU placing product on the market in the EU can but does not have to have an authorized representative within the EU.? Is this a correct statement? AND; The Machinery Directive requires the name and address of the person authorized to compile the technical file be established in the EU and listed on the EU DoC. But this person is not referred to as the "authorized representative", even though it may be the same person. This "person" appears to have no responsibilities other than compiling and making available the technical file to Authorities within the Member States. Is this also True? Confirm that the EMC and LVD directives do not require the person responsible for compiling the technical file to be within the EU.? So if true, the EU DoC from a manufacturer outside the EU declaring only to the EMC and LVD does not have to list any "person" from within the EU.? Is this true? It appears that sometimes these two responsibilities get confused. Or, maybe it has been confusing only to me. Thanks The Other Brian ________________________________ LECO Corporation Notice: This communication may contain confidential information intended for the named recipient(s) only. If you received this by mistake, please destroy it and notify us of the error. Thank you. - ---------------------------------------------------------------- This message is from the IEEE Product Safety Engineering Society emc-pstc discussion list. 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