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.

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 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.