Importers and authorised representatives under Regulation 2023/1230 (Articles 12 and 13)

Authorised representative (Article 12)

• Appointed by the manufacturer by written mandate.
• The manufacturer's core duties in Article 10(1) and Article 11(1), and drawing up the Annex IV technical documentation, cannot be part of the mandate.
• The mandate must allow the representative, at least, to: keep the technical documentation and the declaration of conformity (or declaration of incorporation) at the disposal of national market surveillance authorities for at least 10 years after placing on the market; give an authority, on reasoned request, the information and documents needed to show conformity; and cooperate with authorities on actions to eliminate risks.

Importer (Article 13): what must happen before placing on the market

• Place only compliant machinery on the market.
• Check that the manufacturer carried out the Article 25 conformity assessment, drew up the Annex IV Part A technical documentation, applied the CE marking, and supplied the required documents.
• Check the manufacturer has met Article 10(5), (6) and (8).

Importer duties that continue

• Put your name or registered trade name or mark, postal address and a website, email or other digital contact on the machine, or if not possible on the packaging or an accompanying document, in a language users and authorities understand.
• Make sure the instructions and the information required by Article 10(7) accompany the machine.
• Keep storage and transport conditions from jeopardising compliance with Annex III.
• Where risk warrants, sample-test, investigate and, if necessary, keep a register of complaints, non-conforming machinery and recalls, and keep distributors informed.
• If you think a machine you placed on the market is non-conforming, take corrective action immediately (bring into conformity, withdraw or recall). If it presents a risk, inform the manufacturer and the market surveillance authorities.
• On reasoned request, provide authorities with documentation in a language they can easily understand, including source code or programming logic where needed to check compliance.

Partly completed machinery has its own importer rules in Article 14 (assembly instructions, keeping the declaration of incorporation for at least 10 years, Annex IV Part B available on request).

Practical checklist for a non-EU machine builder

• Identify who is the importer for each EU customer; do not assume your customer is.
• Give the importer the documents it must check: declaration of conformity, technical file index, instructions.
• Decide whether to appoint an authorised representative and write the mandate within the Article 12 limits.
• Agree who holds the 10-year records and how fast authorities can be answered.

General information, not legal advice or certification. Source: Regulation (EU) 2023/1230, Articles 12, 13 and 14, on EUR-Lex.

Related: technical file · conformity assessment · declaration of conformity · UK builders. We sell to businesses only; see Terms.