Authorised Representatives must ensure that the manufacturer has completed the required conformity assessment procedures and has drawn up the necessary documentation.
A manufacturer may, by a written mandate, appoint an authorised representative established in the EU to act on its behalf in relation to: (a) specified tasks with regard to the manufacturer’s obligations under the relevant Union harmonisation legislation (i.e. the RED or EMC in this instance), and (b) the tasks listed in Article 4(3) of Regulation (EU) 2019/1020.
Written Mandate
An authorised representative must have a written mandate from the manufacturer designating them to perform the specified tasks on the manufacturer’s behalf.
Identification
If an authorised representative is authorised to perform the required tasks under Article 4 of the Market Surveillance Regulations, their name and contact information should be indicated on the equipment and/or its packaging, the parcel, or an accompanying document if the manufacturer is not established in the EU.
Cooperation with Market Surveillance Authorities (“MSA”)
Following a reasoned request, authorised representatives must provide ComReg (as the relevant MSA for radio equipment) with all the information and documentation necessary to demonstrate conformity of the equipment. They should also cooperate with ComReg by providing all conformity documentation and information upon request, ensuring corrective action is taken and mitigating the risks presented by the equipment.
Documentation
Authorised representatives must keep the EU Declaration of Conformity and the technical documentation at the disposal of ComReg, as the relevant MSA, for 10 years after the equipment has been placed on the market.
Radio equipment is defined as any electrical or electronic product that intentionally emits or receives radio waves for communication or radiodetermination or requires an accessory (such as an antenna) to do so. Examples of radio equipment are GPS trackers, smart watches, Bluetooth and WiFi-enabled devices, smart kitchen and home appliances, baby monitors, phones, and laptops.
ComReg, as the sole Market Surveillance Authority in Ireland for the RED, conducts inspections of radio equipment for sale in Ireland, to check for compliance and ensure that the essential requirements of the RED are being met.
These inspections include:
- Checking that an EU Declaration of Conformity accompanies the radio equipment;
- Checking for the presence of the CE mark, which must be visible, legible, and indelibly affixed;
- Checking that the radio equipment is clearly marked with a type, batch, or serial number, as well as the manufacturer’s contact details;
- Checking that each item of radio equipment is accompanied by user instructions and safety information in the correct language; and
- If the manufacturer is based in a third country, checking that there is an Economic Operator in the EU (an EU Authorised Representative) to represent them.
Find out more on the Economic Operators page.
