AUTHORISED REPRESENTATIVE / UK RESPONSIBLE PERSON (ELECTRICAL & LOW VOLTAGE EQUIPMENT)

Manufacturers of electrical equipment would usually have to comply with the EU Low Voltage Directive or the UK Electrical Equipment (Safety) Regulations 2016.

It is also likely that one or more of the other directives and regulations relating to electrical will also apply.

Such as:-

  • Electromagnetic compatibility (EMC)
  • Radio equipment (RE)
  • Restriction of the use of certain hazardous substances (RoHS)
  • General Product Safety (GPSD)
  • Machinery Directive

If a manufacturer is from outside the EU or UK, then the manufacturer may appoint a European Authorized Representative such as International Associates Limited to complete the mandatory tasks.

AUTHORISED REPRESENTATIVE RESPONSIBILITIES

The Authorised Representative or Responsible Person is required to carry out the tasks defines within Article 7 of the Directive, this includes:

  • Keep the EU declaration of conformity and the technical documentation at the disposal of national market surveillance authorities for 10 years after the electrical equipment has been placed on the market;
  • Further to a reasoned request from a competent national authority, provide that authority with all the information and documentation necessary to demonstrate the conformity of electrical equipment;
  • Cooperate with the competent national authorities, at their request, on any action taken to eliminate the risks posed by electrical equipment covered by the authorised represen¬tative’s mandate

APPLICABILITY

The LVD covers health and safety risks on electrical equipment operating with an input or output voltage of between

  • 50 and 1000 V for alternating current
  • 75 and 1500 V for direct current

It applies to a wide range of electrical equipment for both consumer and professional usage, such as

  • household appliances
  • cables
  • power supply units
  • laser equipment
  • certain components, e.g. fuses

NOTIFIED BODIES

The new LVD does not require notified bodies to assess if products to be placed on the market comply with the applicable EU legislation. The manufacturer alone is responsible for determining this by carrying out conformity assessment procedures.

OBLIGATIONS OF MANUFACTURERS UK– PART I

The obligations of manufacturers of electrical equipment include:

  • Before placing electrical equipment on the GB market, the manufacturer must ensure that the equipment has been designed and manufactured in accordance with the principal elements of the safety objectives. These are set out in Schedule 1 to the Regulations. Manufacturers must also have a relevant conformity assessment procedure carried out and technical documentation drawn up.
  • Once this has been done, the manufacturer must draw up a declaration of conformity, and affix the UKCA markingvisibly, legibly and indelibly to the equipment. Where this is not possible or warranted because of the nature of the equipment, the UKCA marking must be affixed on the packaging and accompanying documents. In any event, until 31 December 2022, the UKCA marking may be affixed to a label or a document accompanying the equipment.
  • Qualifying Northern Ireland goods can be placed on the GB market with the CE and CE UKNI conformity markings.

OBLIGATIONS OF MANUFACTURERS UK – PART II

The obligations of manufacturers of electrical equipment include:

  • Manufacturers must keep technical documentation and the declaration of conformity for 10 years after the equipment has been placed on the GB market and make them available for inspection to the market surveillance authority.
  • Manufacturers must also label the equipment with their name, registered trade name or registered trade mark and address; the type batch or serial number (or other identification); and ensure that it is accompanied by instructions which are clear, legible and in easily understandable English.
  • Manufacturers must ensure that procedures are in place for series production to remain in conformity with Part 2 of the 2016 Regulations. In doing so, they must take account of any changes in electrical equipment design or characteristics, and any change in a harmonised standard or in another technical specification by reference to which the EU Declaration of Conformity was drawn up.

OBLIGATIONS OF MANUFACTURERS UK – PART III

The obligations of manufacturers of electrical equipment include:

  • Manufacturers must, when appropriate with regard to any risk posed to consumers, carry out sample testing of equipment they have placed on the GB market and must investigate any complaints that the electrical equipment is not in conformity with the legal requirements of the 2016 Regulations and keep records of these complaints.
  • Manufacturers must take action where they have reason to believe that the electrical equipment they have placed on the GB market is not in conformity with the legal requirements of the 2016 Regulations; where the equipment presents a risk, the manufacturer must immediately inform the market surveillance authority.
  • Manufacturers must also cooperate with and provide information to enforcing authorities, such as local trading standards authorities, following any reasoned requests within 10 years of placing the equipment on the market.

FURTHER GUIDANCE

Guidance on the regulations for the UK and Northern Ireland can be found here

And guidance for the EU can be found here

CHANGING YOUR AUTHORISED REPRESENTATIVE.

Changing your Authorised Representative is a fairly straightforward process. First of all, this change should appear in the agreement between the manufacturer and the Authorized Representative (Outgoing and incoming).

To be compliant, the manufacturer should address the following aspects:

  • The date of termination of the outgoing Authorized Representative and the date of start of the incoming one.
  • The date until which the manufacturer can show the outgoing AR on the information or promotional material.
  • The transfer of documents, including confidentiality aspects and property rights
  • The obligation to the outgoing Authorized Representative to send to the manufacturer or incoming Authorized Representative, any complaints or reports from users about suspected incidents related to the product.
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