Do I Need an EU Authorised Representative? (2026 Requirements)

EU Authorised Representative: Essential Guides

• What is an EU Authorised Representative?
• Do I Need an EU Authorised Representative?
• EU vs UK Authorised Representatives after Brexit‍
• How to Choose an EU Authorised Representative

📥 Need help choosing the right EU Authorised Representative? Download our EU AR Selection Checklist to evaluate providers before signing a mandate.

Quick Answer

You need an EU-based economic operator if you place regulated products on the EU market and you are not established in the EU/EEA. You typically need an EU Authorised Representative (EU AR) when you sell directly (D2C / marketplaces / EU fulfilment) and no EU importer is clearly assuming importer obligations.

If you sell through an EU importer who is identified on the product and accepts legal responsibility, an EU AR may not be required. If you need the legal definition and AR responsibilities first, read What is an EU Authorised Representative?

The 3-Question Self-Assessment

Decision Tree

1. Non-EU/EEA manufacturer? → go to step 2
2. Regulated physical goods? → go to step 3
3. Selling direct into EU (D2C / marketplace seller / EU fulfilment)? → EU AR is usually required

If you sell only through an EU importer that assumes importer obligations → EU AR may not be needed.

Question 1: Where is your company legally established?

Outside the EU/EEA = potential EU AR requirement

This includes companies registered in the UK (post-Brexit), the United States, China, India, Switzerland, or any non-EU/EEA country.

Having an office, warehouse, fulfillment centre, or sales team in the EU does not count. What matters is legal establishment (incorporation and registration).

Inside the EU/EEA = usually no EU AR required

If your company is legally established in an EU/EEA country, you can act as the manufacturer and generally don’t need an EU AR.

If you manufacture outside the EU but have an EU subsidiary that formally assumes manufacturer obligations, holds technical documentation, and can respond to authorities, that subsidiary may fulfil the economic-operator requirement.

Question 2: What type of products do you sell?

The key test is not “physical vs digital”, but whether EU product-safety legislation applies.

Regulated products → EU economic operator required

(often an EU AR for non-EU direct sellers)

Common regulated categories include:

• CE-marked products (electronics, machinery, toys, PPE, radio equipment, measuring instruments, construction products, pressure equipment)
• Consumer products under the General Product Safety Regulation (GPSR) where no sector-specific legislation applies
• Medical devices and IVDs (MDR / IVDR – EU AR explicitly required for non-EU manufacturers)
• Cosmetics (requires an EU Responsible Person – a distinct legal role)
• Batteries (Battery Regulation – product compliance plus separate EPR obligations)
• Certain chemicals under REACH/CLP, depending on supply-chain role

Products that usually do not require an EU AR

• Purely digital products or services (no physical goods placed on the market)
• Pharmaceuticals (separate EMA authorisation regime)
• Vehicles under EU type-approval systems

If you’re unsure whether your product is regulated, assume it is until confirmed otherwise. Most enforcement failures come from incorrect assumptions.

Question 3: How do you place products on the EU market?

Direct placement → EU AR is often required

You likely need an EU AR if you:

• Ship directly to EU consumers (D2C)
• Sell on EU marketplaces as the seller of record
• Use EU fulfillment (Amazon FBA, EU 3PLs)
• Drop-ship into the EU from outside

In these cases, there is often no EU importer, meaning an EU AR is the practical way to ensure an EU economic operator exists.

Via an EU importer → you may not need an EU AR (but verify carefully)

If you sell exclusively to an EU-based importer who:

• Is willing to be identified on the product/packaging/instructions where required
• Holds the technical documentation
• Responds to authority requests
• Manages corrective actions and recalls

…then that importer may fulfil the economic-operator requirement.

Reality check:
Many distributors call themselves “importers” commercially but do not legally assume importer obligations. Always verify your contract and product labelling carefully.

When You Absolutely Need an EU AR: Real Scenarios

Scenario 1: US eCommerce company selling on Amazon.de

You’re a US electronics brand manufacturing smartwatches in China. Inventory is stored in Amazon EU fulfillment centres. You’re the seller of record.

Result: You likely need an EU Authorised Representative.

Why: You are a non-EU manufacturer placing regulated products on the EU market directly, with no importer assuming responsibility.

Scenario 2: UK toy manufacturer post-Brexit

You’re UK-based and sell CE-marked toys into the EU via retailers and your own website.

Result: You need an EU Authorised Representative (unless an EU importer assumes responsibility).

Why: Brexit made UK companies non-EU manufacturers for EU product law.

Scenario 3: Chinese factory selling via Dutch importer

A Dutch company imports, labels itself as an importer, holds documentation, and distributes across the EU.

Result: You may not need an EU AR, if the importer truly assumes obligations.

Warning signs you still need an AR:

• Importer refuses to be named on products
• Contracts don’t assign compliance responsibility
• You are asked to respond directly to the authorities
• Importer refuses to take recall responsibility

Scenario 4: Software-only company

You sell cloud software with no physical product.

Result: You do not need an EU Authorised Representative.

Product Category Breakdown

High-enforcement categories (EU AR often required for direct sellers)

• Electronics & electrical equipment (EMC, LVD where applicable, RoHS, RED)
• Radio & IoT devices (RED)
• Toys
• Medical devices (MDR / IVDR) - EU AR explicitly required
• Machinery
  Note: Machinery Regulation (EU) 2023/1230 applies from 20 Jan 2027
• Personal Protective Equipment (PPE)

Broad consumer goods (GPSR)

GPSR requires that at least one economic operator be established in the EU.
For non-EU brands selling direct, this often means appointing an EU AR.

Examples: furniture, kitchenware, sports equipment, bags, garden tools, pet products.

Sector-specific equivalents

• Cosmetics: require an EU Responsible Person (not legally the same as an AR)
• Batteries: product compliance + separate EPR registrations

Products That Usually Don’t Need an EU AR

• Food & beverages (separate food-law regime)
• Pharmaceuticals
• Vehicles under type approval
• Some raw materials for industrial processing (verify REACH/CLP carefully)

What Happens If You Don’t Have an EU AR (When You Need One)

Immediate consequences

• Customs delays or shipment holds
• Marketplace listing suspensions
• Retailer refusals

Medium-term consequences

• Market surveillance investigations
• Forced withdrawals or recalls
• Public safety notices

Authorities may require documentation within very short deadlines, depending on the case.

Long-term consequences

• Fines under national law (often per product or violation)
• Potential director liability in cases of serious harm and proven negligence
• Long-lasting reputational damage

EU vs UK: Do You Need Separate Representatives?

If you sell only in the EU

Non-EU manufacturers need an EU economic operator — often an EU AR.

If you sell only in the UK

Great Britain requirements depend on product regime; “UK Responsible Person” is sector-specific. In many cases, the key requirement is having a UK-based economic operator (often the importer).

For more details, read EU vs UK requirements

Northern Ireland

Northern Ireland follows EU product rules in many areas. Treat NI as a separate compliance case.

If you sell in both the EU and the UK

You often need both:

• an EU economic operator (often EU AR)
• a UK responsible entity

To learn more about the difference between EU and UK requirements, click here.

Special Cases and Exceptions

• EU subsidiary: may replace the need for an AR if it formally assumes obligations
• B2B only: does not automatically exempt you
• Vintage/antiques: exemptions are narrow; modifications trigger compliance
• Trade shows: orders or samples can trigger full obligations

How to Know for Sure

1. Identify applicable EU legislation
2. Check CE-marking or sector requirements
3. Assess GPSR applicability
4. Confirm supply-chain roles contractually
5. Seek expert review for complex products

Common Myths

• “I’m too small to be noticed” — false
• “My distributor handles it” — often false
• “I’ve sold for years without issues” — irrelevant
• “An AR is just an address” — legally false
• “I can use a friend’s EU address” — dangerous

What To Do Next

If you need an EU AR

• Audit technical documentation
• Prepare Declarations of Conformity
• Choose a competent, stable AR
• Allow time for onboarding and verification

Read our page on How to Choose an EU authorised representative (12-point checklist)

If you’re unsure

Get a short compliance assessment before shipping or scaling.

If you believe you don’t need an AR

Document your exemption and review it regularly — business models change.

The Bottom Line

If you are a non-EU manufacturer placing regulated products on the EU market, you need an EU-based economic operator.
When you sell direct, and no importer assumes responsibility, appointing an EU Authorised Representative is usually the correct and safest route.

Do it before your next EU shipment — fixing it after enforcement starts is always more expensive.

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