Importers and distributors also have responsibilities, and authorities are now taking action to ensure they comply.

Under European regulations, product compliance is not just the manufacturer's responsibility. Importers and distributors also have their own legal responsibilities, and authorities are becoming more active in checking whether these requirements are being followed.

For Indian manufacturers, this is important for two reasons. First, European customers may ask you for additional documents because they have legal responsibilities of their own. Second, if your business imports components or products, you may also have certain compliance obligations.

1. What are the responsibilities of an importer?

An importer bringing a product into the European Union must check that the manufacturer has followed the required compliance procedures.

This includes checking that:

• The manufacturer has completed the required conformity assessment.

• The necessary technical documents are available.

• The product carries the required conformity marking.

• The product comes with the necessary documents and instructions in the appropriate language.

• A Declaration of Conformity is available and kept for the required period.

• Technical documents can be provided to authorities whenever requested.

Importers must also mention their company name and address on the product or its packaging, along with the manufacturer's details.

If an importer believes that a product does not meet the applicable requirements, they must not sell or place it on the EU market.

2. Why is this important for Indian manufacturers?

European importers have legal responsibilities, so they need proper evidence to show that the products they purchase meet the applicable requirements.

This is why European customers increasingly ask Indian manufacturers for documents such as:

• Declaration of Conformity (DoC).

• Product testing reports.

• Technical documentation.

• Other relevant compliance records.

These requests are not simply for additional information. Importers need these documents to demonstrate that they are meeting their legal obligations.

Manufacturers who delay sharing documents or provide incomplete information may find it difficult to secure business in Europe, even if their products meet the expected quality standards.

3. What is the role of an Authorised Representative?

Manufacturers based outside the European Union can appoint an Authorised Representative within the EU. For certain product categories, appointing one is a legal requirement.

An Authorised Representative acts as the manufacturer's official contact with European authorities.

Their responsibilities may include:

• Keeping a copy of the Declaration of Conformity.

• Maintaining access to the required technical documentation.

• Providing documents to authorities when requested.

• Cooperating with authorities during compliance checks.

However, an Authorised Representative does not take over the manufacturer's responsibility for product design, production or overall conformity.

The appointment must be supported by a written mandate that clearly explains the representative's responsibilities and authority.

Simply asking a distributor to act as your representative without a proper written agreement may not meet the legal requirements.

4. What should Indian manufacturers do?

To avoid compliance issues and build trust with European customers, Indian manufacturers should take the following steps:

1. Identify the responsible person in the EU: Clearly establish who will act as the responsible contact within the European Union and document the arrangement in writing.

2. Keep compliance documents ready: Ensure that the Declaration of Conformity, technical file and relevant test reports are properly maintained and can be shared when required.

3. Check Authorised Representative requirements: Understand whether the regulations applicable to your product require you to appoint an Authorised Representative or simply allow you to do so.

4. Understand product-specific regulations: Review the specific EU regulations and directives that apply to your products, as requirements can differ depending on the product category.

Conclusion

Entering the European market requires more than manufacturing a quality product. Businesses must also understand their compliance responsibilities and maintain the right documentation.

For Indian manufacturers, being prepared with the necessary technical and conformity documents can make the process smoother, build confidence among European buyers and reduce the risk of market access issues.

Remember: Product compliance is a shared responsibility, and proper documentation is essential for doing business in the European market.