Authorised representative (CSDDD)

Third-country companies only

The CSDDD links the authorised representative to one group: companies formed under the law of a third country in a form comparable to those in the Accounting Directive, the companies in point (a)(ii) of Article 3(1). Article 23(1) requires Member States to make a company referred to in Article 2(2) that operates in a Member State designate a natural or legal person as its authorised representative. The designation is valid when the representative confirms it has accepted.

The article is narrower than the definition. The definition says resident or established in the Union. Article 23(1) says established or domiciled in one of the Member States where the company operates. Article 23(2) requires the name, address, email address and telephone number of the representative to be notified to a supervisory authority in the Member State where the representative is domiciled or established. The statement a company publishes under Article 16 includes the information required by Article 23(2) about its authorised representative.

The three definitions on the site differ in who gives the mandate and how. The AI Act definition requires a written mandate that the representative has received and accepted, from a provider. The CRA definition requires a written mandate from a manufacturer for specified tasks. The CSDDD definition says only that the representative has a mandate from a company within point (a)(ii), to act on its behalf in relation to compliance with its obligations under the Directive. The word written does not appear in it, and Article 23(1) adds that the designation is valid when the representative confirms acceptance.