The European Commission issued a document concerning the consequences of the trade in Europe of Brexit products from the United Kingdom.

The document covers all products introduced into the community, other than food and agricultural, from the date of 30 March 2019, date on which will be the output of the United Kingdom from the European Community (unless it is extended). For those interested we enclose the entire document in link.

The Commission pointed out that, starting from the release date, manufacturers and importers established in the United Kingdom are no longer considered operators established in the European Community.

The result is that a economic operator established in any other Member country, that before the Brexit was considered to be a Distributor, will automatically become an importer and will be subject to the law relating to products from Third Countries.

In practical terms he must comply with the requirements of importers that are different from those of distributors.

There is more. European legislation concerning products will no longer recognize the authorized representatives established in the United Kingdom. So non-EU companies today make use of an authorized representative (or Attorney) for placing their products on the European market, will have to relocate this function in another EU countries.

According to the document, notified bodies the United Kingdom will no longer be such for a European law and will no longer be allowed to express themselves on the conformity of the products under the conditions of Union harmonisation legislation.

And the actors operating in the field what should do? Must be assured that any assessment certificate (EU type examination) is from a notified body one of the other EU Member States.

In the event that the operator has a certificate issued by a body across the channel, must apply for a new evaluation by a notified body of Community, or on the basis of a contract between the manufacturer, the British and European body, ask for the transfer of documents and the corresponding certificate from the British to the European body, who will take responsibility.

As part of the changes also Brexit post the European Medicines Agency and the European banking authority will have to leave their seats in the United Kingdom and move to one of the countries of the Commission by 30 March 2019.

As regards the European Medicines Agency (EMA), in date 20 November 2017, the European Council chose Amsterdam as new placement. However, the Italian Government has asked to cancel this decision, Stressing that there would be “ensuring that the Agency can be fully functional and operational by the release date of the United Kingdom from the European Union (30 March 2019), having regard to the need of spaces and adequate logistic solutions for offices, the meeting rooms, the archives and the appropriate standards of security infrastructure”.

The European Banking Authority (EBA) will be transferred to Paris. The decision was determined by drawing lots after the third round of voting. In the third round had come Paris and Dublin.

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