How does Brexit affect CE mark compliance?
In design and manufacture compliance is key when importing and exporting product between the UK and the mainland Europe. As time goes on and the UK waivers on any sort of agreement to finally leave the common market, uncertainty becomes a greater factor regarding what will and will not change come the 31st January 2020.
CE marking is required for some products and it represents that they meet EU safety, health and environmental requirements. It also shows compliance with EU legislation which furthermore allows free movement of those goods within EU countries.
A fundamental requirement of compliance is CE marking. While speculation is rife, the main consensus is that the existing CE process will be pretty similar for the first few months of 2020. There will however be change further down the line once meaningful agreements have been made amongst EU and UK leadership.
As per the date of this post, there is no final resolution on compliance. Current advice taken from https://www.gov.uk/ is as follows:
CE marking for both the UK and EU market
The UKCA marking will not be recognised on the EU market, and products currently requiring a CE marking will continue to require a CE marking for sale in the EU.
If you are exporting product to both the UK and EU markets, first check whether your UK notified body is taking steps of its own so that you can continue to export to the EU without needing CE conformity assessment certificates from an EU notified body.
If not, you will need to transfer your conformity assessment certificates to an EU Notified Body or alternatively apply for a new certificate from an EU notified body.
The above only relates to situations where third-party assessment is mandatory. You may not be affected if you:
- self-declare the conformity of your good against the regulations
- voluntarily use a testing or notified body to test against European or international standards
The site does advise all companies to consult with their current testing company or a solicitor for further advice.
CE marking for the UK market
You will still be able to use the CE marking for products being placed on the UK market if any of the following apply:
- Products are currently CE marked on the basis of self-certification
- Any mandatory third-party conformity assessment was carried out by an EU-recognised notified body
The certificate of conformity previously held by a UK body has been transferred to an EU-recognised notified body
The CE marking will only be accepted in the UK for a time limited period. The government will consult and give businesses notice before this period ends.
In some cases you may need to apply the new UKCA marking to goods being sold in the UK immediately after Brexit to replace a CE mark.
Check https://www.gov.uk/guidance/placing-manufactured-goods-on-the-uk-market-if-theres-no-brexit-deal#new-approach-goods for further information.
It is important to note that there is still no resolution about the specific consequences to compliance and the information in this article is accurate at the time of publication.
To view the most up to date information visit: https://www.gov.uk/