Page 21 - Industrial Technology EXTRA - Brexit Briefing

BREXIT BRIEFING

One vital step UK machine builders

must take in preparation for Brexit

There is no escaping the fact that the UK's person in the EEA authorised to compile the
relationship with the European Union will be Technical File, rather than someone in the
different going forward. UK machine builders UK.
exporting to the European Economic Area
(EEA) must continue to CE mark their For smaller companies without an EEA
machines to the Machinery Directive as they subsidiary and which didn’t have time to set
do now, but there is one vital change for one up in the final days before the transition
which they must be ready: a person in the period ended on 31st December, there is a
EEA has to be named on the Declaration of simple, expedient and cost-effective way to
Conformity (DoC) as authorised to compile comply with the requirement to name a
the Technical File. person in the EEA on the DoC - or, of course, Hold Tech Files has created a web-based
the Declaration of Incorporation (DoI) for service for manufacturers of machines, partly
If the DoC still names somebody in the UK, partly completed machinery. Hold Tech Files completed machines and safety
then there is a risk that exported machines is established in Eire and can be named on components covered by the Machinery
will be stopped at customs. And the same is a DoC or DoI as the person authorised to Directive. After signing a mandate and
true for UK-based manufacturers of partly compile the Technical File. paying a fee (all fees are published on the
completed machinery and safety compon- website and there are no ‘hidden extras’), the
ents that fall within the scope of the Note that the official ‘Guide to application of relevant file can be uploaded and it is then
Machinery Directive. the Machinery Directive 2006/42/EC’ makes backed up onto a separate server. Payment
it clear that ‘The person authorised to of a one-off fee entitles the manufacturer to
Larger companies that already have a compile the technical file is a natural or legal name Hold Tech Files on the DoC or DoI for
subsidiary in the EU can simply change the person’– in other words, the ‘person’ named a period of ten years.
DoC to show the name and address of a can, in fact, be a company. www.holdtechfiles.eu

marking this will continue to be the case for
UKCA marking.

UK distributors should also check whether
they will be deemed an importer post
transition – ie are they the first entity to bring
goods from outside the UK and place them
on the market in Great Britain. If so, then from
1 January 2021, those goods will need to be
labelled with their company’s details.
However, the government has confirmed that
these details can be on the accompanying
documentation rather than the label itself
until 31 December 2022.

As importer, the company will also be
responsible for ensuring the correct
conformity assessment procedures have
been carried out and that goods have the
correct conformity marks (CE or UKCA), that
such as the CE mark. However, the to be placed on the market before that date. the manufacturer has drawn up the correct
combined CE and UKNI marking will not be In that case, the UKCA mark is not required technical documentation and complied with
recognised in the EU – the CE mark must be even if certification was done by a UK body. their labelling requirements, and that a copy
used on its own. These goods can continue to be placed on of the declaration of conformity is kept for a
the Great Britain market until 31 December period of 10 years.
Where a product is covered by legislation 2021.From 1 January 2022, the UKCA
which requires a UKCA mark, and requires marking must be used. Conclusion
mandatory conformity assessment by a third The new certification system and product
party (ie the product cannot be self-declared Where mandatory third-party conformity labelling is likely to be a source of concern
as in conformity), and that conformity assessment was required for CE marked for many businesses who will no doubt face
assessment has been done by a UK goods, it will also be required for UKCA delay, disruption and more uncertainty in
conformity assessment body and the files marked goods. This conformity assessment the first few months after the end of
have not been transferred to an EU Notified must be carried out by a UK-recognised transition period, an uncertainty that has
Body before 1 January 2021, then the UKCA approved body and the type of conformity been with us for four years and exacerbated
mark must be used from 1 January 2021. assessment procedures will be the same that in 2020 by the Covid-19 pandemic and the
However, this does not apply to fully were required for the CE marking.Where self- devastating social and economic impacts it
manufactured existing stock which is ready declaration of conformity is permitted for CE has brought.

INDUSTRIAL TECHNOLOGY EXTRA – WINTER 2021 21