Article 4 authorized representative: what EU Regulation 2019/1020 changes for sourcing from China

EU Regulation 2019/1020 on market surveillance and product conformity has applied since 16 July 2021. Article 4 imposes a straightforward but structural obligation: no product governed by EU harmonization legislation (machinery, electrical equipment, toys, measuring instruments, drones, and others) can be placed on the EU market without an economic operator established in the Union holding responsibility for specific tasks. This is a fundamental change, CE conformity is no longer an affair between manufacturer and buyer, but now requires an identified third party within the EU.

Before July 2021, direct sourcing from China was possible without an intermediary. Since then, the law requires an identifiable European contact for each product or its documentation. This applies to buyers as well: if you import machinery directly from a Chinese factory without this chain of responsibility, you cannot legally sell or use it in the EU.

Article 4 allows four configurations. First: the manufacturer itself, if established in the Union (rare for sourcing in China). Second: the importer, any buyer established in the EU importing directly from a non-EU manufacturer. Third: an authorized representative named in writing by the manufacturer to perform the legal tasks (the typical case when a Chinese factory appoints you by contract). Fourth option (seldom used): a fulfillment service provider established in the EU, if no other operator exists. Responsibility falls on the first applicable party in this sequence.

An Article 4 authorized representative has four concrete obligations. They must verify the existence of the EU Declaration of Conformity and technical documentation, not write them, just ensure they exist and are accessible to authorities. They must provide conformity information to market surveillance authorities on request. They must report any identified risks to authorities (safety defects, non-conformities detected). Finally, they must cooperate with authorities and take corrective action within a reasonable timeframe.

Important note: the authorized representative does not guarantee product conformity. They are not responsible for its design, only for administrative traceability and responsiveness to reported issues. This is a market surveillance function, not a quality assurance guarantee.

If you purchase directly from a Chinese factory and are established in the EU, you are the importer under Article 4. You are responsible for the same tasks as an authorized representative: verify documentation, respond to authorities, report risks. This means before signing a purchase order, you must obtain the Chinese manufacturer's Declaration of Conformity, their technical documentation, and their acceptance that you hold legal responsibility for market surveillance.

You can also delegate this responsibility by appointing an authorized representative (a specialized firm, the manufacturer's local distributor, your commercial agent in Europe). But the contract must be in writing. An oral promise is not sufficient. If you do not clarify this chain of responsibility, you risk administrative fines if inspected or if a defect is reported.

Pitfall 1: assuming the CE declaration is enough. It usually exists. It is a bookkeeping document for the manufacturer, but it is only valid if technical documentation supports it. You must verify that the technical file is complete, dated, signed, and actually covers the model you are buying. A Chinese manufacturer can issue a declaration for a generic model and ship you variants that do not match.

Pitfall 2: forgetting mandatory contact information. Article 4 requires that your name, business address, and contact details be indicated on the product or its documentation in a permanent way. Many buyers discover too late they had not planned where to print this information, on packaging, on a nameplate, in the manual.

Pitfall 3: ignoring the Regulation's annexes. Certain products (pressurized equipment, machinery, toys, electronic devices) have enhanced obligations. For instance, machinery must have a technical file meeting Directive 2006/42/CE requirements. Check the annex of Regulation 2019/1020 to know if your product requires additional tasks.