EU Authorised Representatives Post Brexit: What Happens Next?
The UK’s impending departure from the EU will necessitate a change in designated EU Authorised Representatives for companies that are currently using a UK based authorised representative at present. This will cause considerable upheaval and disruption to companies using such a service. The consensus view that Britain will seek to leave using a hard Brexit mechanism means that there is scant hope of companies being able to maintain representation through UK representatives.
Editor’s Note: This article was written in February 2017. We have continued to keep our guidance on EU Authorised Representatives up to date since then. You can read all of our articles on the issue, and keep up to date with the latest related news by clicking here.
We have surveyed a number of companies that are already making plans to move their representation to another more EU friendly jurisdiction. This, however, is not without its issues. Many companies over recent years have opted to use a distributor as their EU Authorised Representative. Making a change to a new English speaking EU territory could be particularly onerous as there will be a need to reprint all manuals and packaging. Significantly, the issue of dealing with a product that has already been sold will also have to be considered. Issues exist also for those who have chosen a UK based EU Authorised Representative who is not a distributor. These companies will have to manage many of the same issues as outlined above.
We also must factor in the possibility that companies will also need to source a UK based representative in the coming years to represent them in the United Kingdom.
This is an extract from the third Acorn Regulatory Brexit whitepaper entitled ‘The Road Ahead’. You can download the whitepaper here by completing your details below.
Further Reading on EU Authorised Representative
The UK is no longer a member of the European Union. However, until December 31st, 2020 it will be bound by EU legislation. From January 1st, 2021 the UK will be completely outside of the European Union. Negotiations regarding a future trade deal are ongoing, while Covid-19 restrictions continue. The UK is expected to leave at the end of the year and has the option, until June 30th, to seek an extension to the December 31st, 2020 departure date. We look at the latest on the EU Authorised Representative and Brexit.
Does your company currently have an EU Authorised Representative that is based in the United Kingdom? If so, your company will have to consider moving EU Authorised Representative very soon to ensure that you have representation with the European Union once the UK leaves the European Union. Acorn Regulatory can assist you in moving your EU Authorised Representative from the UK to Ireland. The result of the December 12th, 2019 election saw the Conservative Party win an overwhelming majority, having campaigned on the slogan ‘Get Brexit Done‘. The UK Prime Minister, Boris Johnson, led the UK out of the EU in January 2020. Now, as the UK progresses through the transitional period and to a complete break from the European Union, medical device companies need to make urgent preparations to change EU Authorised Representative.