There European Commission has released a document regarding the consequences of Brexit on trade in Europe of products from the United Kingdom.
The document covers all products introduced into the European Community, excluding food and agricultural products, starting from 30 March 2019, the date on which the United Kingdom will leave the European Community (unless extended).
The commission highlighted how, from the release date, manufacturers and importers established in the United Kingdom will no longer be considered operators established in the European Community.
The result is that an economic operator established in any other member country, who before Brexit was considered a distributor, will automatically become an importer and will be subject to the law relating to products from Third Countries.
In practical terms he will have to comply with the obligations of importers which are different from those of distributors.
There is more. European product legislation will no longer recognize authorized representatives established in the UK. Therefore, non-EU companies that today make use of an authorized representative (or agent) to place their products on the European market will have to relocate this function to another EU country.
Again according to the document, the notified bodies of the United Kingdom will no longer be such under European law and will no longer be authorized to express their opinion on the CE certification of the products under the conditions established in Union harmonization legislation.
What should those operating in the sector do?
They will have to be certain that any evaluation certificate (EU type examination) comes from a notified entity of one of the member countries of the Community.
The manufacturer will still have to keep the document updated EU declaration of conformity of its products and ensure that the person responsible for placing them on the market resides in the European Community.
Also as part of the post-Brexit changes, the European Medicines Agency and the European Banking Authority will also have to leave their offices in the United Kingdom and move to one of the commission countries by 30 March 2019.
Regarding the European Medicines Agency (EMA), on 20 November 2017, the European Council chose Amsterdam as the new location.
However, the Italian Government has asked to cancel this decision, underlining that there would be no such decision “the guarantee that the Agency can be operational and fully functional from the date of the United Kingdom's exit from the European Union (30 March 2019), taking into account the need for adequate spaces and logistical solutions for offices, meeting rooms, archives and appropriate infrastructure security standards".
The European Banking Authority (EBA) will be transferred to Paris.
The decision was determined by the draw of lots after the third round of voting. They had reached the third round Paris And Dublin.
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