EU Authorized Representative or importer: which one you need
9 min readRepresenta GmbH
EU Authorized Representative vs importer: who places your goods on the market, whose name goes on the label and who is liable from December 2026.
A manufacturer outside the EU needs an economic operator established in the EU to place most consumer products and CE-marked goods on the EU market. In practice you choose between an importer that buys your goods and places them on the market, and an EU Authorized Representative that acts for you under a written mandate. Here is the EU Authorized Representative vs importer comparison, and which role fits your sales model.
Importer and Authorized Representative: two kinds of role
Our article on the economic operator lists all four EU roles; here we compare the two you choose actively.
The importer is established in the EU and places a product from a third country on the EU market, that is, makes it available there for the first time (Article 3(7) and (10) GPSR, Article 3(9) of Regulation (EU) 2019/1020). This happens once per unit (Blue Guide, section 2.3). It needs no mandate: a company becomes your importer by what it does with the goods.
The Authorized Representative is established in the EU and holds your written mandate to act for you on specified tasks (Article 3(9) GPSR, Article 3(12) of Regulation (EU) 2019/1020). Its tasks are administrative: as a rule, it neither designs the product nor draws up your technical documentation (Blue Guide, section 3.2).
Where the duties come from: GPSR or sector law
It depends on the product:
- Consumer products without CE legislation, such as furniture: the GPSR. Article 16(1) requires an EU operator for the tasks of Article 4(3) of Regulation (EU) 2019/1020; importer duties are in Article 11 GPSR, representative duties in Article 10.
- CE products under the acts listed in Article 4(5) of Regulation (EU) 2019/1020, such as electrical equipment and toys: Article 4 applies directly; the sector act sets importer and representative duties on the model of Decision No 768/2008/EC (Annex I, Articles R3 and R4). GPSR Articles 9 to 18 do not apply, Article 19 does (Article 2(1) GPSR).
EU Authorized Representative vs importer: the comparison
GPSR rules first, the Low Voltage Directive 2014/35/EU (LVD) as CE example; the representative is mandated as your EU economic operator.
| Aspect | Importer | Authorized Representative |
|---|---|---|
| Duties | Art. 11 GPSR; CE products: sector act, e.g. Art. 8 LVD | Written mandate; Art. 10 GPSR, Art. 4(3) and 5 Regulation (EU) 2019/1020; CE products: sector act, e.g. Art. 7 LVD |
| Places the goods on the market | The importer itself | You, or your importer; never the representative itself |
| Checks before sale | Product safe, your documentation and labels in place (Art. 11(1) GPSR); CE marking and conformity assessment (Art. 8(2) LVD) | Declaration of Conformity and technical documentation exist (Art. 4(3)(a) Regulation (EU) 2019/1020); regular checks (Art. 16(2) GPSR) |
| Name, postal and electronic address | On the product; packaging or accompanying document only if impossible (Art. 11(3) GPSR) | Product, packaging, parcel or accompanying document (Art. 16(3) GPSR, Art. 4(4) Regulation (EU) 2019/1020) |
| Documents | Copy of the technical documentation, 10 years (Art. 11(6) GPSR); Declaration of Conformity, 10 years (Art. 8(8) LVD) | Documentation on request (Art. 10(2)(a) GPSR); Declaration of Conformity and technical documentation, 10 years (Art. 7(2)(a) LVD) |
| Liability for defects | Already as producer (Art. 3(2) Directive 85/374/EEC); Art. 8(1)(c)(i) Directive (EU) 2024/2853 | New for products placed on the market after 9 December 2026 (Art. 8(1)(c)(ii) Directive (EU) 2024/2853) |
| Control over market access | The importer decides which units enter; each importer is named on its own units | You keep your channels; one mandate can cover all of them |
In online offers, Article 19(b) GPSR asks for one EU contact for manufacturers outside the EU: the responsible person, meaning the importer or the representative, whichever holds the role. The 2026 GPSR sweep showed that many listings are still incomplete. Use identical details everywhere.
Liability from 9 December 2026: both roles are exposed
Under the old Directive 85/374/EEC, the importer was already liable as a producer (Article 3(2)). Directive (EU) 2024/2853 adds the representative: for a manufacturer outside the EU, the importer and the Authorized Representative are liable alongside the manufacturer, and the fulfilment service provider only where neither exists (Article 8(1)(c)).
Member states must transpose the directive by 9 December 2026 (Article 22(1)). It covers products placed on the market or put into service after that date (Article 2(1)); earlier units stay under the old directive (Article 21). Operators liable for the same damage are jointly and severally liable (Article 12(1)).
Edge cases: subsidiary, distributor, direct shipping, both roles
Four situations need a closer look.
An EU subsidiary
An EU subsidiary is not automatically your representative. If it buys and resells your products, it is your importer. If it sells them under its own name or trademark, it is the manufacturer (Article 13(1) GPSR). To act for you, it needs a written mandate covering the tasks of Article 4(3) of Regulation (EU) 2019/1020 (Article 5(1)).
A distributor who is really an importer
An EU company that buys from you and resells in the EU is your importer, whatever the contract says. The Blue Guide applies this to the United Kingdom: EU distributors of UK goods have been importers since 1 January 2021 (section 2.9.5.2). It must then add its name to each unit (Article 11(3) GPSR) and check your documentation.
Direct shipping to consumers
If you ship from outside the EU straight to EU consumers, from your own shop or by dropshipping, there is no importer and usually no EU fulfilment centre. The Commission's Article 4 guidelines are explicit: without a mandated Authorized Representative, such products may not be offered to EU end users (Box 1, step 6). For other consumer products, Article 16(1) GPSR has the same effect. The representative's details must be on the product, packaging, parcel or an accompanying document before shipping; for CE products, customs can otherwise suspend release (Article 26(1)(d) of Regulation (EU) 2019/1020).
Importer and representative together
Both roles can exist for one product. A representative mandated for the tasks of Article 4(3) is the economic operator for those tasks (Article 4 guidelines, Box 1, step 1); the importer keeps its own duties and its name on the product. Several names are allowed if they do not mislead; “imported by” and “represented by” need no translation (section 2.3).
How to choose between importer and representative
Check each sales channel:
- Does an EU company buy your goods? It is your importer and must label each unit.
- Do you ship to EU consumers from outside the EU? Appoint an Authorized Representative before the first sale.
- Several importers or changing distributors? A representative gives authorities and marketplaces one stable EU contact.
- Which law applies? For GPSR products, the mandate covers Article 10(2) GPSR; only if it also assigns the tasks of Article 4(3) of Regulation (EU) 2019/1020 is the representative your Responsible Person (GPSR guidelines). For CE products, add the sector act's minimum tasks.
- Is the file complete? Declaration of Conformity, technical documentation, labels and listings must match the chosen role before the first unit ships.
Practical example: a Canadian kettle maker with three channels
A Canadian maker of electric kettles (LVD products) sells in the EU through three channels:
| Channel | Placed on the market by | Names on the product |
|---|---|---|
| German retail chain buying containers | The chain, as importer | Maker, chain, representative |
| Own online shop, shipped from Canada | The maker | Maker, representative |
| Marketplace with an EU fulfilment centre | The maker, at release for free circulation | Maker, representative |
One mandate for all kettles, signed before the first online order, keeps the fulfilment centre from becoming the fallback. The representative's name also goes on the units the chain imports, next to the chain's (Article 4(4) of Regulation (EU) 2019/1020, Article 8(3) LVD).
Conclusion: your sales model decides
If an EU company buys and imports your goods, you already have an importer. If you sell directly or want one EU contact across channels, you need an EU Authorized Representative. Liability reaches both, so choose by sales model and control.
Representa acts as your EU Authorized Representative by written mandate. We provide our name and address for packaging and Declaration of Conformity, keep your technical documentation for 10 years and handle authority inquiries. For consumer products, the mandate can also make us your GPSR Responsible Person. We do not act as importer.
Frequently asked questions
Do I need an EU Authorized Representative if I already have an importer?
Not necessarily. An EU importer can be the economic operator required by Article 16 GPSR and Article 4 of Regulation (EU) 2019/1020 for the units it places on the market. A representative is needed for direct shipping to consumers, where there is no importer, and is useful as one contact across several importers.
Is my EU distributor legally my importer?
Yes, if it is established in the EU and buys products from you outside the EU to place them on the EU market (Article 3(10) GPSR), whatever the contract calls it. It must then put its name, postal and electronic address on the product (Article 11(3) GPSR).
Can my Authorized Representative also be my importer?
Yes, but then it carries both sets of duties. A representative that supplies products to distributors or consumers in the EU becomes the importer (Blue Guide 2022, section 2.5). An importer becomes your representative only through an explicit written mandate.
Who is liable for defective products from 9 December 2026?
For manufacturers outside the EU, Article 8(1)(c) of Directive (EU) 2024/2853 makes both the importer and the Authorized Representative liable, and the fulfilment service provider where neither exists. It applies to products placed on the market after 9 December 2026, through national law.
Whose name goes in the online listing?
Where the manufacturer is outside the EU, Article 19(b) GPSR requires the name, postal and electronic address of the responsible person. That is the importer or the Authorized Representative, whichever holds the role. Use the same details on the product.