You will likely be aware of the announcement this week that the EU has adopted a decision to extend the deadline for Brexit to 31st January 2020, meaning that the UK will not now leave on Thursday 31st October. The withdrawal can take place earlier – on 1 December 2019 or 1 January 2020, if the withdrawal agreement is ratified by both parties.
This article briefly sets out key considerations for UK manufacturers and trade associations.
CE Marking
Throughout the extension period, the UK will continue to recognise the CE marking, which should continue to be affixed to relevant goods for placement on the UK market.
UKCA Mark
As a result of the Brexit extension, the UK Government will not be introducing the UKCA mark on 31st October – during the extension period the UKCA will therefore have no legal status and, where relevant, goods should continue to be CE marked.
Status of Notified Bodies in the EU27
UK Notified Bodies will retain their current status during the extension period. Conformity assessment activity undertaken and certificates issued by UK Notified Bodies in relation to EU New Approach legislation and CE marking will continue to be recognised by the EU27 throughout this time.
Authorised representatives and responsible persons
UK-based authorised representatives and responsible persons will continue to be recognised by the EU during the extension period.
Distributors and Importers
If you export products from the UK to the EU or EEA, your EU-based distributor will retain its distributor status throughout the extension period. It will only become an importer if the UK leaves the EU without a deal at the end of the extension period.
Guidance
Our existing Goods Regulation Brexit guidance is available at the links below – please note this guidance will only apply in the event of the UK leaving without a deal at the end of the extension period:
• Placing manufactured goods on the UK market after Brexit: https://www.gov.uk/guidance/placing-manufactured-goods-on-the-uk-market-if-theres-no-brexit-deal
• Placing manufactured goods on the EU market after Brexit: https://www.gov.uk/guidance/placing-manufactured-goods-on-the-eu-internal-market-if-theres-no-deal
• Conformity assessment bodies: status after Brexit: https://www.gov.uk/guidance/status-of-conformity-assessment-bodies-after-brexit
• Prepare to use the UKCA mark after Brexit: https://www.gov.uk/guidance/prepare-to-use-the-ukca-mark-after-brexit
• Prepare to use the UKCA mark after Brexit: https://www.gov.uk/guidance/prepare-to-use-the-ukca-mark-after-brexit
If you have any questions, please email these to: goodsregulation@beis.gov.uk.
Best wishes
Goods Regulation Team