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EU FTA Transition (UKCA)

EU FTA Transition (UKCA)
A brexit 4166040 1920
Features 24 March 2021

 

A brexit 4166040 1920

End of the UK Transition period

(https://www.gov.uk/guidance/placing-manufactured-goods-on-the-eu-market)

  • Using-the-ukca-mark-from-1-january-2021

(https://www.gov.uk/guidance/using-the-ukca-marking)

  • Conformity-assessment-bodies-change-of-status-from-1-january-2021

(https://www.gov.uk/guidance/conformity-assessment-and-accreditation)

  • The Border Operating Model

(https://www.gov.uk/government/publications/the-border-operating-)

 

Placing goods on the GB market – after 1 January 2021

Placing goods on the market – UKCA

  1. From the 1 January 2021 the essential requirements and standards that can be used to demonstrate compliance will be the same as they are now.
  2. Businesses are encouraged to use the new UKCA mark and regime as soon as possible after 1 January 2021.
  3. However, to allow businesses time to adjust, HMG has agreed CE marked goods that meet EU requirements can continue to be placed on the GB market until 1 January 2022 in most cases*
  4. If you have already placed your good on the UK or EU market – in circulation- before 1 January 2021, you do not need to do anything.

Conformity markings and declarations of conformity

  1. From 1 January 2021 products assessed against GB rules by a GB ‘Approved Body’ will need the UKCA marking.
  2. If you self-certify or use an EU Notified Body you will still be able to use the CE marking until 1 January 2022 even for goods that are manufactured after 1 January 2021.
  3. For 24 months after the 1 January 2021 (until 1 January 2023), for most CE marked goods you have the option to affix the UKCA marking on a label affixed to the product or on an accompanying document.

Conformity markings and declarations of conformity

  1. You can place the UKCA and CE marking on the same product if it is destined for both the GB and EU markets (so long as the product meets the relevant regulatory requirements for both markets)
  2. If you use the UKCA mark you will need to draw up a UK declaration of conformity. This should be available to market surveillance authorities on request.

Conformity assessment bodies

  1. All UK-based EU ‘notified bodies’ will automatically become UK approved bodies from 1 January 2021. (listed on the EU NANDO database & UKAS website)
  2. Manufacturers may require separate UK and EU certificates from 1 January 2021 – businesses are encouraged to arrange for separate certificates well in advance of this date.
  3. Outside of any mutual recognition agreement as part of the UK-EU negotiations, mandatory conformity assessments by EU bodies will no longer be recognised in the UK after January 2022.

Economic operators

  1. From 1 January 2021 all authorised representatives for the GB market must be based in GB or NI. Generally authorised representatives are optional.
  2. From 1 January 2020, GB based distributers of EU goods will become importers (and vice-versa).

The importer may also need to indicate their name and address on the product or documentation, keep a copy of the declaration of conformity, and ensure the technical documentation can be made available on request. 

For 24 months from 1 January 2021, for most CE marked goods being placed on the GB market this additional address can go on an accompanying document rather than on the product.

 

Placing goods on the EU market – after 1 January 2021

  1. Outside of any potential mutual recognition agreement, from 1 January 2021 conformity assessments by UK notified bodies will no longer be recognised in the EU. Voluntary testing is not impacted.
  2. Where legislation currently allows for self-declaration of conformity for the EU market, it will continue to do so at the end of the transition period. The manufacturer can affix the CE marking and draw up the EU Declaration of Conformity. This can be done even when they are not based in the EU.
  3. UK-based Authorised Representatives will also no longer be recognised in EU after the 1 January 2021. Although for most CE marked goods Authorised Representatives are optional.
  4. Products that have already been placed on the EU27 or UK market before the end of the transition period will not be impacted.
  5. From 1 January 2020, EU based distributers of GB goods will also become importers. The importer may also need to indicate their name and address on the product or documentation, keep a copy of the declaration of conformity, and ensure the technical documentation can be made available.