ATEX Authorized Representative Explained: Roles and Responsibilities Under Directive 2014/34/EU

Manufacturers of explosion-protected equipment may appoint an Authorised Representative to perform specified tasks on their behalf under Directive 2014/34/EU (ATEX).

The appointment is made through a written mandate. The Authorised Representative can act as a regulatory contact for the manufacturer and perform specific tasks defined in that mandate, but the appointment does not transfer the manufacturer's fundamental responsibility for product conformity.

Article 7 of the ATEX Directive also places clear limits on what can be delegated. In particular, the manufacturer's obligations under Article 6(1) and the obligation to draw up the technical documentation under Article 6(2) cannot form part of the Authorised Representative's mandate.

This distinction is important when reviewing ATEX compliance documentation, especially for products manufactured outside the European Union and supplied through European representatives or other economic operators.

What Is an ATEX Authorised Representative?

An Authorised Representative is a natural or legal person established in the European Union who has received a written mandate from a manufacturer to perform specified tasks under Directive 2014/34/EU.

The appointment is permitted, not automatically mandatory. Article 7 states that a manufacturer may, by written mandate, appoint an Authorised Representative.

The scope of the representative's authority is determined by the written mandate and by the requirements of the Directive. The representative therefore acts on behalf of the manufacturer only for the tasks that can legally be delegated.

Why Would a Manufacturer Appoint an Authorised Representative?

An Authorised Representative can provide a defined regulatory contact within the European Union and support communication between the manufacturer and national market surveillance authorities.

For an ATEX manufacturer located outside the EU, this can be useful when compliance documentation needs to be retained or supplied to authorities, or when authorities need to communicate with a designated representative concerning products covered by the mandate.

However, appointing an Authorised Representative should not be confused with transferring product responsibility. The manufacturer remains responsible for fulfilling the manufacturer's obligations under the ATEX Directive.

What Can an ATEX Authorised Representative Do?

Article 7 requires the mandate to allow the Authorised Representative to perform certain minimum tasks. Additional tasks may also be specified in the mandate where they are legally delegable.

1. Keep Compliance Documents Available

The Authorised Representative must be able to keep the EU Declaration of Conformity or, where applicable, the attestation of conformity and the technical documentation at the disposal of national market surveillance authorities for 10 years after the product has been placed on the market.

This does not mean that the Authorised Representative becomes responsible for creating the technical documentation. The responsibility to draw up that documentation remains with the manufacturer.

2. Provide Information to Competent Authorities

Following a reasoned request from a competent national authority, the Authorised Representative must provide the information and documentation necessary to demonstrate the product's conformity with the Directive.

The documents may include the conformity documentation covered by the mandate and other information required to demonstrate compliance.

3. Cooperate With National Authorities

The Authorised Representative must cooperate with competent national authorities, at their request, on actions taken to eliminate risks posed by products covered by the representative's mandate.

This role can become relevant during market surveillance or when authorities require information or cooperation concerning a product that may present a compliance or safety issue.

What Cannot Be Delegated to the Authorised Representative?

One of the most important parts of Article 7 is the limitation on the Authorised Representative's mandate.

The manufacturer's obligations under Article 6(1) cannot form part of the Authorised Representative's mandate. The obligation to draw up the technical documentation under Article 6(2) also cannot be delegated.

In practical terms, an Authorised Representative cannot simply become the manufacturer for ATEX conformity purposes. The manufacturer remains responsible for ensuring that the product has been designed and manufactured in accordance with the Directive and for establishing the required technical documentation.

Authorised Representative vs Manufacturer

Responsibility	Manufacturer	Authorised Representative
Ensure product conformity	Yes	No transfer of manufacturer responsibility
Draw up technical documentation	Yes	Cannot be delegated under Article 7
Issue EU Declaration of Conformity	Manufacturer responsibility	May perform specified tasks only where legally permitted and included in the mandate
Keep compliance documents available to authorities	Yes	Yes, where specified by the mandate
Respond to reasoned requests from authorities	Yes	Yes, within the scope of the mandate
Cooperate with authorities on risk-reduction actions	Yes	Yes, for products covered by the mandate

Authorised Representative vs Importer

An Authorised Representative and an importer are different economic operators with different responsibilities.

The Authorised Representative is appointed by the manufacturer through a written mandate to perform specified tasks. An importer, by contrast, is an economic operator that places a product from a third country on the EU market and has its own obligations under Article 8.

For ATEX procurement, the presence of an EU Authorised Representative should therefore not automatically be interpreted as evidence that the representative is the importer or distributor.

Authorised Representative vs Notified Body

An Authorised Representative should also not be confused with an ATEX Notified Body.

A Notified Body performs conformity assessment activities within its notified scope where the applicable ATEX conformity assessment procedure requires third-party assessment.

An Authorised Representative does not become a Notified Body by holding the manufacturer's documentation or communicating with authorities. The two roles have fundamentally different functions.

Role	Primary Function
Manufacturer	Responsible for product conformity and required technical documentation.
Authorised Representative	Performs legally delegable tasks under the manufacturer's written mandate.
Notified Body	Performs required third-party conformity assessment within its notified scope.
Importer	Places products from outside the EU on the EU market and fulfills importer obligations.
Distributor	Makes products available on the market and fulfills distributor obligations.

What Should Be Checked in an ATEX Authorised Representative Arrangement?

For procurement and compliance review, the existence of an Authorised Representative should not be treated as a substitute for checking the product's actual conformity documentation.

A practical review should confirm:

• The identity of the manufacturer.
• The identity of the Authorised Representative.
• That a written mandate exists.
• The products or product families covered by the mandate.
• The scope of tasks delegated to the representative.
• The availability of the applicable EU Declaration of Conformity or attestation of conformity.
• The availability of the technical documentation required by the Directive.
• The applicable ATEX conformity assessment documentation.
• Consistency between the manufacturer, product identification, marking, and conformity documentation.

The Authorised Representative arrangement should therefore be reviewed as one part of the overall ATEX compliance documentation rather than as proof of conformity by itself.

Key Points to Remember

• An ATEX manufacturer may appoint an Authorised Representative through a written mandate.
• The appointment is not automatically required simply because the manufacturer is located outside the EU.
• The Authorised Representative performs only tasks that are specified in the mandate and legally permitted under Article 7.
• The representative must keep specified conformity documents available to national market surveillance authorities for 10 years after the product has been placed on the market.
• The representative must respond to reasoned requests from competent national authorities.
• The representative must cooperate with competent authorities on actions to eliminate risks associated with products covered by the mandate.
• The manufacturer's fundamental responsibility for product conformity is not transferred to the Authorised Representative.
• The obligation to draw up the technical documentation cannot form part of the Authorised Representative's mandate.

Frequently Asked Questions

Is an ATEX Authorised Representative mandatory for manufacturers outside the EU?

No. Article 7 states that a manufacturer may, by written mandate, appoint an Authorised Representative. The ATEX Directive does not make the appointment automatically mandatory solely because the manufacturer is established outside the European Union.

Can an Authorised Representative prepare the ATEX technical file?

The obligation to draw up the technical documentation under Article 6(2) cannot form part of the Authorised Representative's mandate. The representative may, however, be responsible for keeping the documentation at the disposal of market surveillance authorities as specified by Article 7 and the mandate.

Does an Authorised Representative certify ATEX equipment?

No. An Authorised Representative does not perform the conformity assessment function of an ATEX Notified Body. Where third-party conformity assessment is required, it is performed by an appropriately notified body within its scope.

Does an Authorised Representative become legally responsible for the product?

The appointment does not transfer the manufacturer's fundamental obligations under Article 6. The Authorised Representative remains responsible for performing the tasks assigned to it under the written mandate.

References

• Directive 2014/34/EU – Article 6, Obligations of manufacturers.
• Directive 2014/34/EU – Article 7, Authorised representatives.
• Directive 2014/34/EU – Article 8, Obligations of importers.
• Directive 2014/34/EU – Article 9, Obligations of distributors.
• Directive 2014/34/EU – Article 13, Conformity assessment procedures.