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Subject: Commercial Agents Regulations Relevant or Related Legislation: Commercial Agents (Council Directive) Regulations 1993 (Statutory Instrument No 1993/3053 as amended by Statutory Instrument 1993/3173); European Directive 86/653/EEC. Current Position: The Commercial Agents (Council Directive) Regulations 1993 implement the European Directive relating to Self Employed Commercial Agents (86/653/EEC) into UK law. The purpose of the Directive is to harmonise European Legislation governing contracts between agents and their principals, and in general to strengthen the position of agents. Recent Relevant Campaigns or Consultation: There are currently no plans to change the Regulations, which fully implement the European Directive. The Regulations were drafted as a result of a wide scale consultation exercise undertaken in 1993. Key Facts: Commercial Agents are defined as self-employed intermediaries who have continuing authority to negotiate the sale or purchase of goods on behalf of a principal, or to negotiate and conclude the sale or purchase of goods on behalf of and in the name of a principal. Q1. How do the
Regulations and Directive apply to my circumstances?
The Department cannot give legal advice or an interpretation of how the Regulations might apply in a specific situation. Questions on the interpretation of the Regulations and whether they might apply in a given situation can only be answered definitively by the Courts. Enquirers should seek legal advice from a Solicitor who is knowledgeable of Commercial Agent law. The Department of Trade and Industry does not hold a list of these.
The regulations came into force on 1st January 1994. On this date all existing agency contracts became automatically subject to the Regulations.
No. The Regulations fully implement the European Directive on Commercial Agents.
No. Any changes would come from a revision of the European Directive. The European Commission has no plans to revise the Directive in the foreseeable future.
No. Separate implementing provision is made in relation to Northern Ireland by the Commercial Agents (Council Directive) Regulations (Northern Ireland) 1993 (Statutory Rules for Northern Ireland No. 1993/483).
No. The Department of Trade and Industry does not hold a list of Commercial Agents. We have no knowledge of any list existing elsewhere.
No. There is no connection between the Regulations and distributor agreements.
A copy of the Regulations can be obtained from the Stationery Office. Contact details are:
You will need to quote the Statutory
Instrument numbers:
The Department of Trade and Industry does not hold this information. Further Enquiries: Enquirers with questions on the legal interpretation of the Regulations and/or whether they might apply to their specific situation should be directed to seek advice from Solicitors who are knowledgeable of Commercial Agent law. The Department
has published
a Guidance Note
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