AMC1 to Article 7

CAA ORS9 Decision No. 57

DELEGATED AUTHORISED REPRESENTATIVE TASKS AND COMMUNICATION WITH THE MSA

Authorised representatives shall retain the technical documentation and the declaration of conformity for a period of 10 years following the date the product has been placed on the market. The requirement applies to deviating product versions requiring new technical documentation or a new or updated declaration of conformity. The following example illustrates this case:

A product is placed on the market for the first time on 20 January 2026, leading to a minimum documentation storage deadline of 19 January 2036. The product undergoes significant changes, finally leading to another version requiring an update or new issue of the declaration of conformity on 1 July 2027, leading to a minimum documentation storage deadline of 30 June 2037 for the updated version.

Technical documentation and the declaration of conformity should be stored securely and in a manner that ensures accessibility throughout the retention period. Where documents are maintained in digital format, systems should include redundancy and data integrity measures to protect against hardware failures, fire, cyber threats or data corruption. Authorised representatives are encouraged to implement IT security practices that support long-term data availability and traceability.

If the authorised representative is responsible for monitoring a product after it has been placed on the market, it may be appropriate to establish a system for managing complaints and incidents that can log, cluster and investigate received reports. This register could include identifiers such as the product's model and class labels, as well as the versions of its hardware and software, and its batch or serial numbers. Clusters may include differentiation between reports relating to product safety, non-conformity or non-compliance (which would be subject to MSA reporting and corrective measures) and reports relating to product quality and features.

Where the authorised representative is mandated to undertake sample testing after the product has been placed on the market, the scope of such checks may include but is not limited to:

  • Verification of labelling, UK class marking, and affixed serial numbers;

  • Inspection of physical condition and material integrity;

  • Review of instructions, packaging and information notices;

  • Functional checks such as power-on tests, or remote identification behaviour;

  • Document and software version confirmation.

Sample testing may be supported by internal quality assurance personnel.

Where the authorised representative is delegated to liaise with the MSA, they may act as the initial contact points. They should cooperate fully with requests for technical files, declarations, test documentation, or other evidence required to demonstrate product conformity. The MSA may be contacted directly at MSAenquiries@caa.co.uk.

In cases where the authorised representative identifies a non-conformity or potential risk – through an investigation, sample testing, or otherwise – they should notify the manufacturer and engage with the MSA where such communication forms part of their mandate. This includes situations where a compliant product presents a safety concern.

Investigations into non-conforming products may follow a structured methodology such as PRISM (Product Safety Risk Assessment Methodology) published by the Office for Product Safety and Standards. The PRISM framework supports consistent, evidence-based decision-making and is used by the market surveillance authority. Using PRISM for investigations performed by the authorised representative will support effective and efficient collaboration and communication between the manufacturer and the MSA. PRISM includes the following elements:

  • Identification of the non-compliant product or product version;

  • Risk assessment and determination of the risk level;

  • Risk evaluation and assessment of whether the risk might be acceptable due to being too minor and remote; and

  • Risk management and definition of corrective measures.

Where the authorised representative is delegated to take corrective measures, such measures initiated or communicated by the authorised representative may include software patches, physical updates, retrofit kits, product advisories, or full product recalls or replacements. These actions should be defined, initiated and communicated in coordination with the MSA to end users and other relevant stakeholders. Communications may include detailed product identifications to ensure accuracy and traceability. Relevant identifiers may consist of model name, serial number, marketing product name, hardware and software version identifiers, production dates, the date the product was first made on the market, or relevant batch numbers. Communications to end users may include formal notifications, market outreach via distributors, video messages, e-mail, social media or contacting media outlets.

Where a product is recalled from the market, authorised representatives mandated to do so should collect evidence of the recall effort, which may include copies of public or customer-facing notifications, records of serial numbers of returned or replaced products, photo or video documentation, user confirmations and acknowledgements, and internal audit trails of the recall process. Such evidence may be retained as part of the representative’s complaint and post-market monitoring systems to support traceability for future reference.

Furthermore, upon receiving a reasoned request from the MSA or a competent border control authority, the authorised representative should supply all necessary documentation to demonstrate product conformity. Such documentation may include, but is not limited to: Technical documentation, Declarations of Conformity, design specifications or technical drawings, test reports and compliance statements, product photographs and labelling evidence, user manuals and instructions or certificates of conformity issued by a CAB, where applicable.

The authorised representative is encouraged to fully cooperate with any investigation undertaken by the MSA. This includes but is not limited to responding to queries, providing supplementary information upon request, and supporting the authority in identifying the cause of non-compliance or risk.