Authorized Representative in the EU: Is it required under the ESPR?

Manufacturers based outside the EU frequently ask whether they need to appoint an Authorized Representative in the EU in order to comply with the EU Ecodesign for Sustainable Products Regulation (ESPR).

The answer isn't quite as straightforward as it might first appear: the ESPR itself makes appointing an Authorized Representative optional — but it simultaneously refers to another regulation from which a de facto obligation can arise in certain cases. Below, the relevant articles are examined in turn and put into context.

ESPR: Article 28 – Appointment Is Voluntary

Paragraph 1 of Article 28 of the ESPR states:

(1) A manufacturer may, by a written mandate, appoint an authorised representative.

The wording is clear: a manufacturer may, but is not required to, appoint an Authorized Representative. On its own, Article 28 therefore does not create an obligation. However, anyone selling their products via distance sales — in particular through online shops or marketplaces — into the EU must also take Article 36 of the ESPR into account.

ESPR: Article 36 – Mandatory Information for Distance Sales

Paragraph 1, point (b) of Article 36 of the ESPR states:

(1) When making a product covered by a delegated act adopted pursuant to Article 4 available on the market through distance selling, economic operators shall ensure that the product offer clearly and visibly provides at least the following information:
(b) in the event that the manufacturer is not established in the Union, the name, postal and electronic address and telephone number of the economic operator established in the Union within the meaning of Article 4(2) of Regulation (EU) 2019/1020; and ...

This rule applies whenever a product covered by the ESPR is offered for distance sale in the EU. If the manufacturer is not established in the Union, the product offer must include contact details — name, postal address, email address, and telephone number — of an EU-based economic operator. The key question, then, is: what exactly counts as an "EU-based economic operator" for the purposes of this provision? The answer is found in Article 4 of Regulation (EU) 2019/1020, to which this provision expressly refers.

EU Regulation 2019/1020: Article 4 – Who Qualifies as an Economic Operator

Article 4 of EU Regulation 2019/1020 states:

(2) For the purposes of this Article, the economic operator referred to in paragraph 1 means any of the following
a) a manufacturer established in the Union;
b) an importer, where the manufacturer is not established in the Union;
c) an authorised representative who has a written mandate from the manufacturer designating the authorised represen tative to perform the tasks set out in paragraph 3 on the manufacturer's behalf;
d) a fulfilment service provider established in the Union with respect to the products it handles, where no other economic operator as mentioned in points (a), (b) and (c) is established in the Union.

This definition is the key to understanding the whole question: the term "economic operator" is not synonymous with "Authorized Representative." Rather, it is an umbrella term covering four distinct roles:

a) the manufacturer itself, provided it is established in the EU,
b) an importer, if the manufacturer is not established in the EU,
c) an authorized representative, formally mandated in writing by the manufacturer, or
d) a fulfilment service provider, but only if no economic operator under a), b), or c) is established in the EU.

What This Means for Manufacturers Not Established in the EU

Putting the three articles together produces the following picture:

If a manufacturer is not established in the EU and sells its products via distance sales into the EU, it must, under Article 36 of the ESPR, provide the contact details of an EU-based economic operator. However, under Article 4 of Regulation 2019/1020, that economic operator does not necessarily have to be an Authorized Representative. Equally valid options include:

an importer, who places the products on the EU market, or
an EU-based fulfilment service provider — but only if no importer and no authorized representative is established in the EU.

Appointing a dedicated Authorized Representative is therefore one possible option, but not the only one, for satisfying the mandatory-information requirement under Article 36 of the ESPR. If an EU-established importer already places the products on the market, that importer's contact details can generally be used, without any additional need to appoint an Authorized Representative.

In practice, many manufacturers nonetheless deliberately choose to appoint an Authorized Representative, particularly when:

no EU-established importer exists,
the distribution structure involves multiple importers or resellers and a single, product-related point of contact is desired, or
the representative is meant to take on further tasks on the manufacturer's behalf beyond mere point-of-contact duties, as set out in Article 28 of the ESPR.

Conclusion

The ESPR does not directly require manufacturers outside the EU to appoint an Authorized Representative — Article 28 expressly leaves this to the manufacturer's discretion. However, anyone selling their products via distance sales into the EU cannot avoid a related obligation: under Article 36 of the ESPR, the contact details of an EU-based economic operator must be included in the product offer.

Whether that economic operator is an authorized representative, an importer, or — as a fallback — a fulfilment service provider is up to the manufacturer, as long as the conditions of Article 4 of Regulation (EU) 2019/1020 are met. In practice, however, appointing an Authorized Representative remains the most straightforward and flexible solution for many manufacturers, especially when no suitable EU importer is available or a single, centralized EU point of contact is desired.

In short: Not formally required by the ESPR itself — but in practice, often the most workable path to meeting the distance-sales requirements.

This article is for general information purposes only and does not constitute legal advice for any specific case. For a binding assessment of your own situation, consulting legal counsel specializing in EU product law is recommended.