"For manufacturers who are not established in the Union, the authorised representative plays a pivotal role in
ensuring the compliance of the devices produced by those manufacturers and in serving as their contact person
established in the Union. Given that pivotal role, for the purposes of enforcement it is appropriate to make the
authorised representative, legally liable for defective devices in the event that a manufacturer established outside
the Union has not complied with its general obligations. The liability of the authorised representative provided
for in this Regulation is without prejudice to the provisions of Directive 85/374/EEC, and accordingly the
authorised representative should be jointly and severally liable with the importer and the manufacturer. The tasks
of an authorised representative should be defined in a written mandate. Considering the role of authorised
representatives, the minimum requirements they should meet should be clearly defined, including the
requirement of having available a person who fulfils minimum conditions of qualification, which should be
similar to those for a manufacturer's person responsible for regulatory compliance."
Consulting Agency "AFINA"
European Regulatory Compliance Services
Kaprova 42/14
Prague 110 00
+420 608 049 029
Czechia
AFINA s.r.o. © 2023