With the outcome of Brexit still a matter of some uncertainty, we look at the implications of Brexit on UK Manufacturers placing products on the market in both the UK and the EU.
The UK Government has issued guidance to UK Manufacturers regarding the placing of products on the UK market as well as placing products on the EU market if the UK leaves the EU without a deal. The Government has issued similar advice for Medical Devices and for Construction Products.
With regards to the UK Market, the majority of CE Marking legislation is written into UK law and the legislation that is not, will be transposed into UK law as the UK leaves the EU. Therefore the CE Mark will still represent the legal base mark for products to be placed on the UK market.
The UK Government has made provision for a ‘UKCA’ mark. This is intended to be complimentary to the CE Mark and not replace it, and can be used where the Manufacturer is unable to apply a CE Mark; for instance, this may be if the Manufacturer has made use of a UK Approved Body (The UK equivalent of the EU Notified Body) and only wishes to place their products on the UK Market.
Manufacturers who place products on the market within the EU will not see any change in the legislation that applies to their products – the EU have not indicated that they intend to change any product legislation as a result of Brexit. There are, however some implications of UK Manufacturers being located outside the EU which should be considered:
- Manufacturers who use a UK Notified Body should contact that body ASAP to understand their ‘Post Brexit’ plans or if, indeed the UKCA mark is more appropriate
- Manufacturers who distribute through an EU supply chain should understand that the economic operator status of that supply chain will change which may require changes to packaging.
- Manufacturers of Machinery are also reminded that if they intend to place products on the EU market following a ‘No Deal Brexit’, they should nominate the person who is responsible for compiling the Technical File who must be located within the EU.
A copy of the Statutory Instrument amending UK product compliance legislation in the event of a ‘No Deal’ Brexit can be found here.
The advice given above is only applicable if the UK leaves the EU without a deal. The provisions of any Withdrawl Agreement or Future relationship would be bound by those agreements.
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The CE Marking Association will continue to keep an eye on future developments and will continue to support our clients with the UK and European product conformity requirements. If you have any questions about CE marking, then please feel free to get in contact.
Original article 4th April 2019
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