Machinery Issues

All goods are immediately in free circulation in the EU without controls on the origin and without requirements for import and export declarations for movements throughout the European Union. This is so even if the goods are not of EU origin and might not, for example, qualify for EU origin if exported to a third  country. Once the components or elements used have been lawfully imported into the European Union  they are in full free circulation.

Machinery is subject to EU wide standards and regulation. Depending on the type of machinery involved, the manufacturer may be entitled to self-certify, subject to compliance with procedures and an overall certification and confirmation of processes by  a certifying body recognised in Ireland.

After Brexit UK certifying bodies will no longer be the competent the purpose of certification of compliance with EU standards. It will be necessary for UK manufacturers or importers and third countries to ensure that their goods comply with the EU standards and where necessary that the relevant goods obtain certifications from an EU based certifying body.

Importers into the EU will have a greater responsibility than distributors have at present. They will have more onerous obligations in relation to monitoring,  product recall labelling and responsibility. In the case of consumer products. they may be liable for injuries caused by defective products in the absence of a manufacturer established within the EU. The goods will be subject to greater control at the point of import from the perspective of regulatory compliance checking and verification

By establishing a manufacturing assembly or other presence in Ireland and having goods certified or declared compliant in accordance with the requirements for the particular product, the manufacturer or assembler may sell the goods directly to anywhere in the EU with assurance for buyers of compliance with the EU standards. The manufacturer will retain its obligations in respect of products safely while its EU distributors will not undertake the more onerous obligations of importers.

The manufacturer or importer/distributor will have access to the UK and EU labour force. It will enjoy a business environment very similar to that in the UK. It will enjoy the fullest protection for its intellectual property. It will enjoy more direct rights of recourse t against businesses in the EU 26 with whom it falls into dispute under a comprehensive and thoroughgoing judgement and choice of law regime. It will maintain the ability to assert and enforce its EU rights in areas such as competition state aid and fair-trading rules against businesses in other EU states which seek to undermine it in the EU market.