Page 20 - Industrial Technology EXTRA - Brexit Briefing

BREXIT BRIEFING

Post-Brexit compliance

for CE-marked products

The certification of new products has changed dramatically post-Brexit. NICKY STRONG
of law firm Womble Bond Dickinson looks to address some of the key areas of concern

The provisions under the EU Withdrawal
Agreement agreed on 19 October 2019
mean that any products which have already
been assessed by a notified body, CE
marked and placed on the EU market prior
to the end of the transition period on 31
December 2020 will not be affected and can
continue to be marketed in both in the UK
and the EU. There will no requirement for
these products to be reassessed or re-
labelled in any way.

However, from 2021 the UK’s notified bodies
have lost their status in the EU and UK
notified bodies are no longer authorised to
assess whether products conform to EU
standards or determine that a product may
be CE marked. Instead, UKCA (UK
Conformity Assessed) will be the new UK
product marking that will be used for goods
being placed on the market in Great Britain
(England, Wales and Scotland) and covers
most goods which previously required the
CE marking.
have to comply with the more stringent and are CE-marked can also still be placed
The EU’s position obligations imposed on importers, including on the UK market until 31 December 2021.
With UK notified bodies having lost their verification of product compliance and,
status, certificates issued by UK bodies are where applicable, including their contact The Government has reiterated that goods
no longer be valid, unless the product in details on the product or product label. can be CE marked up to 31 December 2021
question has already been placed on the only if UK and EU essential requirements and
market. In other words, any products that Where EU legislation provides for a technical standards for these products are
were not in the EU market by the exit date will ‘responsible person’ established in the EU to the same, but has also stated that there are
need to be re-assessed by an EU-27 notified be appointed by the manufacturer and to no plans to diverge from EU requirements or
body and certified as compliant before they whom specific tasks are designated to standards at this time. It also makes clear
can be CE marked and placed on the ensure continuing regulatory compliance that the UKCA marking will not be
market. and be the point of contact with regulatory recognised on the EU or Northern Ireland
authorities, then UK-based responsible markets.
Alternatively, the file and certificate can be individuals have also lost their status as of
transferred to an EU notified body so that the end of the transition period, regardless of Products currently requiring a CE marking
fresh valid certificates can be issued and when products were placed on the market. for sale in the EU will continue to need a CE
products re-marked with the new notified Therefore, manufacturers need to ensure mark. Under the Northern Ireland Protocol,
body's number. This is likely to cause delay that their designated responsible persons Northern Ireland will continue to align with all
and disruption for manufacturers in the UK. are established in the EU. relevant EU rules relating to the placing on
the market of manufactured goods. Products
In addition, a manufacturer or importer The UK’s position for the Northern Ireland market can use
established in the United Kingdom is no The latest guidance from the Department for either the CE or the CE mark with the newly-
longer be considered as an economic Business, Energy and Industrial Strategy, introduced UKNI marking. For goods being
operator established in the EU. As a states that while the UKCA mark will be the marketed in Northern Ireland, where a UK
consequence, an economic operator conformity assessment mark for Great Britain Approved Body is used to carry out
established in the EU who, prior to the end from 1 January 2021, goods already placed mandatory third-party conformity
of the transition period, was considered as on the EU market can continue to be assessment, then a UKNI marking must be
an EU distributor of products received from marketed in the UK post 31 December 2020. applied from 1 January 2021.
the United Kingdom will become an importer In addition, goods that meet EU
for the purposes of the legislation as of the requirements, have been self-certified or This mark cannot be used on its own. It can
end of the transition period. This operator will tested by an EU-27 recognised notified body only be used in conjunction with an EU mark,

20 WINTER 2021 – INDUSTRIAL TECHNOLOGY EXTRA