Question: A Latin American customer buys a machine from a North American manufacturer and intends to operate the machine within the EU. Who is the person placing the machine on the market when the machine manufacturer delivers it directly to its destination within the European Union?
If the machine was ordered from the manufacturer with the installation site stated as "within the European Union", then the manufacturer is also the person placing the machine on the market and in this case must nominate an authorised representative (see below) within the EU.
However, if it has been contractually agreed that the machine is to be delivered to the Latin American customer (without reference to the installation site in the EU), then the customer is the person placing the machine on the market and must nominate an authorised representative within the EU when the machine is imported.
Authorised representative when importing into the EU: If located outside the EU, a manufacturer / a person placing a machine on the market must nominate an authorised representative (person or institution) within the EU when importing a machine into the EU. The representative will fulfil the obligations of the manufacturer within the EU. This may be the importer, based within the EU.