CE marking for OEM Brand

Sumie

Registered
#1
We are the OEM manufacturer for brand owner located in EU. However, the brand owner wants us to put our company name as the manufacturer and their brand on the product packaging and asked us to do all registration, CE marking and wants to use our importer to bring in the product to Europe. They also want us to put their company name as the distributor. Is it possible for the brand owner to also play a role as distributor? Also, is it possible for us to do product registration and CE marking for other brands which are trademarked by other companies?
 
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monoj mon

Quite Involved in Discussions
#2
Yeah, some companies do that. Perhaps to avoid all those responsibilities related to regulatory compliance. We are also on the same boat as yours, can't argue more. Before proceeding to do that, I would suggest to establish a proper discussion channel between the two companies to share the roles and responsibilities. When things go like this, during any unforeseen event both of the companies will realize multiple unshared responsibilities and may eventually start pushing the responsibility to each other. Better to sort things out at the beginning.
 

Sumie

Registered
#3
Yeah, some companies do that. Perhaps to avoid all those responsibilities related to regulatory compliance. We are also on the same boat as yours, can't argue more. Before proceeding to do that, I would suggest to establish a proper discussion channel between the two companies to share the roles and responsibilities. When things go like this, during any unforeseen event both of the companies will realize multiple unshared responsibilities and may eventually start pushing the responsibility to each other. Better to sort things out at the beginning.
Thanks Monoj Mon.
 

CharlieUK

Quite Involved in Discussions
#5
Always worth reviewing the definitions of "Manufacturer", "Importer" and "Distributor" in the applicable directives

If the manufacturer is outside EU/EFTA then the person bringing the product in becomes the importer (whether they want to be or not)
 
#6
There is no real issue with doing this as long as you are careful with the product marking to make sure who the product manufacturer is. As the OEM it often make sense for you to own the compliance task as you have control of the manufacturing process which is the main cause of changes likely to cause a non conformance. A key question however is who has designed the product. If you have done it then you should have the capability to asses the product and any relevant standards and keep up with them. If the brand holder has done the design work then life is a lot more complex as you need to keep the design authority in the loop for any changes.

With all the companies I have worked for it has be the manufacturer rather than anyone rebranding the product who has owned the compliance task. In my opinion this makes more sense as it is much simpler for the product designer to maintain product compliance than for a VAR to do so.

You also as Charlie says need to be careful about who is the product importer (see the blue guide). Where the importer is not the same as the manufacturer then you may feel the creation of and EU Authorised Representative makes sense
 

CharlieUK

Quite Involved in Discussions
#8
It's not about whether you "need" an importer - it's whether a company becomes an importer:
The NLF aligned directives define: ‘importer’ means any natural or legal person established within the Union who places radio equipment from a third country on the Union market;
If the manufacturer is not in EU/EEA, then the 1st person in the EU/EEA to receive the product becomes the importer
 
#9
remember the Importer is a role defined by the legislation. It could be your distributor, it could be yourself or it could be someone else.

Remember the importer has to be established in the EU/EEA so if you are a UK company then (since Brexit) you cannot be the importer into the EU/EEA. The importer becomes the first EU/EEA entity you transfer ownership to. If the Manufacturer is either established in the EU/EEA or has an authorised Representative within the EU/EEA then the roll of the importer is not particularly onerous as they can pass most issues back up the line. Where the Manufacturer is not an EU/EEA entity then pretty much the full responsibility for ensuring compliance falls to the importer, which is why many importers require non EU/EEA companies to provide an EU Authorised Representative.
 

ChloeArmstrong

Starting to get Involved
#10
It's not about whether you "need" an importer - it's whether a company becomes an importer:
The NLF aligned directives define: ‘importer’ means any natural or legal person established within the Union who places radio equipment from a third country on the Union market;
If the manufacturer is not in EU/EEA, then the 1st person in the EU/EEA to receive the product becomes the importer
After your answer, I understood what was going on , thank you for clarifying.
 
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