EU-Kommissionen har i juli 2017 forholdt sig helt generelt til de essentielle principper for varer, der er på markedet inden skæringsdagen for Brexit.
Ifølge positionspapiret omfatter udmeldingen også lægemidler.
I EU-Kommissionens positionspapir skelnes der mellem varer, der er placed on the market, og varer der er made available, idet (følgende er et uddrag af positionspapiret):
“Any good lawfully placed on the single market before the withdrawal date can, after that date, continue to be made available on the market of the United Kingdom or on the single market under the conditions set out in the relevant Union law on product rules applicable at the withdrawal date and circulate between these two markets. Where provided in Union legislation, such a good should keep the faculty of being lawfully put into service in the United Kingdom or in the single market after that date.
Placing on the market is defined as the "first making available on the market" (by the manufacturer or the importer).
Making available on the market is defined as "any supply of a product for distribution, consumption, or use on the […] market in the course of a commercial activity, whether in return for payment or free of charge".
A good is "placed on the market" only once, but may be "made available" several times throughout the supply chain (first wholesaler, second wholesaler, etc., retailer) before it reaches the final user (consumer or professional user) or is further processed into another product.
The concept of placing on the market refers to each individual good, not to a type of good, and whether it was manufactured as an individual unit or in series.”
Positionspapiret kan ses i sin helhed her: Kommissionens positionspapir om Goods Placed on the Market (pdf).