Article 13 of Machinery Regulation 2023/1230: what the manufacturer can delegate to its authorised representative
Direct answer: Article 13 of Regulation (EU) 2023/1230 allows the manufacturer to appoint, by written mandate, an authorised representative established in the European Union to act on its behalf on specific tasks, but it expressly reserves four obligations that can never be delegated: designing and constructing the machinery in accordance with the essential health and safety requirements, drawing up the technical documentation, subjecting it to the conformity assessment procedure, and ensuring the continued conformity of serial production. A manufacturer not established in the EU needs an authorised representative whenever it wants to place its machinery on the European market.
Article 13 directly complements Article 9, which sets out the manufacturer's general obligations and which we analyse in detail in another article in this series. While Article 9 says what must be done, Article 13 says who may do it on the manufacturer's behalf and within what limits — a critical distinction for manufacturers outside the EU who want to sell in the Union without having their own office on European territory.
What exactly is an authorised representative?
Authorised representative (Art. 13.1): a natural or legal person established in the European Union who has received a written mandate from a manufacturer to act on its behalf in relation to specific tasks, on the terms set out in that mandate.
The mandate is the key legal instrument: it is not enough to appoint a distributor or a commercial agent in the EU — a written document is required that expressly authorises the representative to act on the manufacturer's behalf for the tasks listed in the mandate itself. Article 13.1 also requires the manufacturer to give its authorised representative the means necessary to carry out the tasks entrusted to it.
What tasks can the authorised representative's mandate include?
Article 13.3 sets out the tasks that the mandate may assign to the authorised representative. They are not automatic: they are only considered covered if the mandate expressly specifies them.
- Keep available for the market surveillance authorities the EU declaration of conformity and the technical documentation, for ten years after the last unit is placed on the market.
- Provide the authority, upon a reasoned request, with all the information and documentation necessary to demonstrate the conformity of the machinery.
- Cooperate with the competent authorities, at their request, on any action taken to eliminate the risks posed by machinery covered by its mandate.
- Inform the manufacturer when the market surveillance authority considers that there is a risk associated with the machinery.
- Terminate the mandate if the manufacturer acts contrary to its obligations under the Regulation, notifying the market surveillance authority of the Member State in which it is established.
What obligations can the manufacturer NEVER delegate?
Article 13.2 is categorical: the obligations set out in Article 9(1) (design and construction in accordance with the EHSRs), Article 9(2), points (a) and (b) (technical documentation and the conformity assessment procedure), and Article 9(4) (continued conformity of serial production) cannot be delegated to the authorised representative under any circumstances. These form the technical core of the manufacturer's responsibility and remain non-transferable.
| Task | Delegable to the representative? | Legal basis |
|---|---|---|
| Design and construction in accordance with the EHSRs | No | Art. 13.2 + Art. 9.1 |
| Drawing up the technical documentation | No | Art. 13.2 + Art. 9.2.a |
| Conformity assessment procedure | No | Art. 13.2 + Art. 9.2.b |
| Continued conformity of serial production | No | Art. 13.2 + Art. 9.4 |
| Keep technical documentation for 10 years | Yes | Art. 13.3.a |
| Respond to authority requests | Yes | Art. 13.3.b |
| Cooperate on corrective measures | Yes | Art. 13.3.c |
Thinking that appointing an authorised representative «saves» the manufacturer's legal responsibility. This is not the case: the representative acts on the manufacturer's behalf for the mandated tasks, but responsibility for the machinery being safe and compliant remains entirely with the manufacturer, who must also provide the representative with the means necessary to fulfil its role.
When does a manufacturer not established in the EU need an authorised representative?
The Regulation does not impose the figure of the authorised representative on every manufacturer: in practice it is mandatory for a manufacturer established outside the European Union that wants to place machinery on the European market, since it needs a contact established in the EU to whom the market surveillance authorities can address themselves and who can keep and provide the documentation required by the Regulation. Article 13.1 requires that the mandate be formalised in writing before the machinery is placed on the market in the Union.
The manufacturer identifies a representative established in the EU
This can be a natural or legal person, not necessarily the importer or distributor.
A written mandate is formalised setting out the specific tasks
It must expressly list which of the tasks in Art. 13.3 the representative takes on.
The manufacturer provides the necessary means
Documentation, access to technical information and resources so the representative can fulfil its mandate.
The representative's name and address appear on the machinery or documentation
Alongside the manufacturer's details, as required by Article 9.7 in relation to the designated representative.
IgeraIndustria in action: validating the scope of a mandate
A South Korean manufacturer of collaborative robots that wanted to start selling in Spain through a local distributor asked whether it could task that distributor, by mandate, with drawing up the technical documentation to save time, since the distributor knew the Spanish market well.
How IgeraIndustria resolves it
Question:
"Can we mandate our authorised representative in Spain to draw up the technical documentation for our robots?"
IgeraIndustria answers:
"No. Art. 13.2 expressly excludes drawing up the technical documentation (Art. 9.2.a) from the tasks that can be delegated to the authorised representative. That obligation always remains in the manufacturer's hands. Your representative in Spain can indeed keep the already-prepared documentation and respond to the Spanish authorities if they request it."
Does your mandate to the authorised representative include non-delegable tasks?
IgeraIndustria checks the scope of your mandate against Article 13 before it becomes a problem in an inspection.
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In summary: Article 13 and the authorised representative
- The authorised representative needs a written mandate and must be established in the European Union.
- It can keep documentation, respond to authorities and cooperate on corrective measures, provided the mandate specifies this.
- Design, technical documentation, conformity assessment and continued conformity of production can NEVER be delegated (Art. 13.2).
- A manufacturer outside the EU needs an authorised representative to place machinery on the European market.
- The manufacturer remains ultimately responsible even when delegating specific administrative tasks.
Frequently asked questions about Article 13
Can the authorised representative sign the EU declaration of conformity?
The Regulation does not include signing the EU declaration of conformity among the delegable tasks in Article 13.3, since it is tied to the conformity assessment procedure, which Article 13.2 expressly reserves to the manufacturer. The declaration must identify the manufacturer as responsible, even if it mentions the authorised representative and its address.
Can the same authorised representative act for several manufacturers?
Yes, the Regulation does not prohibit it. It is common for regulatory compliance consultancies to act as authorised representatives for several non-EU manufacturers simultaneously, provided there is an independent, specific written mandate with each of them.
What happens if the authorised representative detects that the manufacturer is failing to comply with the Regulation?
Article 13.3, point (e), entitles it to terminate the mandate if the manufacturer acts contrary to its obligations, notifying the market surveillance authority of the Member State in which it is established. This is not a passive option: it implies an active duty to notify.
Can the distributor or the importer automatically act as the authorised representative?
Not automatically. Distributor, importer and authorised representative are distinct legal figures under Regulation 2023/1230, each with its own obligations. The same person or company can take on several roles, but to act as authorised representative it always needs the specific written mandate under Article 13.1.
Where must the authorised representative's details appear?
Where one exists, the authorised representative's name and postal address must appear alongside the manufacturer's, whether on the machinery itself, on its packaging, or in an accompanying document, consistent with Article 9.7 on identifying the manufacturer.
How does IgeraIndustria help manage an authorised representative's mandate?
IgeraIndustria lets you check in seconds which tasks are delegable under Article 13.3 and which are expressly excluded by Article 13.2, helping you draft mandates that avoid void or poorly grounded delegations.
Draft authorised representative mandates without errors
IgeraIndustria tells you which tasks you can and cannot include under Article 13 of the Machinery Regulation.
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Last updated: July 2026 | Author: Jordi Bassols, Industrial Safety Engineer, COEIC Member | Sources: Regulation (EU) 2023/1230 of the European Parliament and of the Council of 14 June 2023 on machinery (OJ L 165, 29.6.2023), Articles 9 and 13. This article is for informational purposes only and does not constitute legal or engineering advice. | IgeraIndustria — try free for 14 days. EUR-Lex — Regulation (EU) 2023/1230 This content is for informational purposes only and does not constitute legal or engineering advice. For the conformity assessment of your machinery, consult a notified body or a qualified industrial safety engineer.