by Iain McIlwee | Dec 11, 2022 | brexit
In updated Guidance Published on 9 December 2022, Government has advised that until 30 June 2025, products can continue to be supplied to the GB market without any need for reassessment or re-marking if EU requirements are met (including CE marking). To affix a CE mark, any third-party conformity assessment must continue to be carried out by an EU recognised notified body during this time. In addition, products that meet NI rules (including CE marking or CE UK(NI) marking) can be supplied to the GB market. Businesses should prepare for these provisions to end on 30 June 2025.
This mirrors delays in other product areas announced earlier in the year. In a call to the Constructio Products Association and other industry colleagues, the government explained its intention to use the next 2.5 years to engage widely and scope out meaningful, sensible reform and transition plans.
The FIS, through CPA will continue liaising closely with government to monitor and review the issues at hand, identify the problems for industry and government, and ensure that industry can work with the policies put forward.
You can see details of the full announcement here.
For more guidance on CE, UKCA and CE UK(NI) Marking from the FIS click here
by Clair Mooney | Nov 14, 2022 | brexit, Main News Feed
Businesses will be given an additional two years to apply new product safety marking, giving thousands of businesses the freedom to focus on growth, Business Secretary Grant Shapps has announced today (Monday 14 November).
The UK Conformity Assessed (UKCA) marking has been introduced as part of the UK’s own robust regulatory framework. It shows that products comply with our product safety regulations which are designed to protect consumers.
However, given the difficult economic conditions created by post-pandemic shifts in demand and supply, alongside Putin’s war in Ukraine and the associated high energy prices, the government does not want to burden business with the requirement to meet the original (31 December 2022) deadline.
The government will continue to recognise the CE marking for two years, therefore allowing businesses until 31 December 2024 to prepare for the UKCA marking. Businesses can also use the UKCA marking, giving them flexibility to choose which marking to apply.
Business Secretary Grant Shapps said:
The government is determined to remove barriers to businesses so they can get on with their top priorities, like providing quality customer service, enabling growth and supporting their staff.
This move will give businesses the breathing space and flexibility they need at this crucial time and ensure that our future system for product safety marking is fit for purpose, providing the highest standard for consumers without harming businesses.
To support manufacturers, the government is also reviewing the wider product safety framework, ensuring we minimise the burdens on business while keeping our system up to date with new innovative methods such as e-labelling.
As part of this, the government will make it easier than ever for businesses to apply product markings.
This package will give thousands of businesses, including electronics and lift manufacturers, additional time to focus on delivering growth and creating jobs, while giving them flexibility in how they meet their legal obligations.
It should be noted that construction products come under specific rules, which have not yet been amended.
The CLC has issued a statement regarding clarification on construction products and the need to ensure that businesses know what products can legally be placed on the market in the UK. You can read the full statement at https://www.constructionleadershipcouncil.co.uk/news/clc-statement-on-ukca-markings/
There will be different rules for medical devices, construction products, cableways, transportable pressure equipment, unmanned aircraft systems, rail products, and marine equipment. Government departments responsible for these sectors are making sector specific arrangements.
Commenting on the announcement FIS CEO, Iain McIlwee stated:
“This is without doubt a positive step. Whilst we await further updates to confirm that the change announced does extend to construction products, it would appear a more pragmatic Policy direction has been set and the desire and time to bring in the required legislation to change status of construction products carrying the CE Mark in time for the new year has dissipated.”
by Clair Mooney | Aug 30, 2022 | brexit
The CPA Techincal and Regulatory team have updated the latest paper regarding areas of concern on the UK-EU Trade and Cooperation Agreement. This is set as a result of the post-Brexit UK-EU Trade Deal, particularly around the transition from CE Marking to CA Marking. To read more on the subject, you can access the paper here.
FIS CEO Iain McIlwee stated:
This is worrying long list given the time available. We need to be having conversations with the supply chain and checking our contracts to ensure that we are not going to get landed with liquidated damages because availability of a product or component becomes an issue. We continue to ask members to come forward with any specific problems that they face and to work with the CPA, CLC, Civil Service and our political masters to ensure that we don’t leave construction in the lurch because of practical problems resulting from political indecision and resource”.
by Clair Mooney | Aug 11, 2022 | brexit
As the deadline for transition from CE to UKCA marking approaches, and in response to continuous industry pressure over capacity and capability, there has been an announcement from the Government regarding some provisions that have been agreed to simplify UKCA marking for products in England, Scotland and Wales.
The full guidance from the Government can be found here, but the principal changes of interest as they relate to construction products are summarised below.
Spares – The UK will continue to accept spares onto the GB market to repair, replace and maintain products to the same conformity requirements in place at the time the original product or system was placed on the GB market.
- Businesses will need documentary evidence to demonstrate the intended use of a product as a spare part.
- This applies to products in stock as spares before the deadline. FIS is seeking further clarity on whether any nuance exists for construction products after the deadline.
Imported Goods – Existing CE marked stock imported into GB under contract before the end of 2022 will not need re-testing and re-marking.
- Products imported into GB for further manufacture or processing, will not be considered as placed on the market.
- FIS is seeking further clarity on the definition of “further manufacture or processing”.
Re-Testing Costs – Manufacturers whose products are tested under AVCP System 3 by an EU notified body before 31 December 2022 can use this evidence to obtain a UKCA mark without having to retest through a UK approved body.
- All new testing after this date must be done through a UK approved body.
Reduce Re-Testing Costs – The UK will allow certificates provided by non-UK conformity assessment bodies (CABs) issued before the end of this year to be used as a basis for UKCA marking certification.
- The goods must still bear the UKCA marking, and will need to undergo conformity assessment with a UK Approved Body at the expiry of the certificate or after 5 years (whichever is sooner).
There is no clarification at this time if the EU intends to mirror any of these simplification measures, so it is assumed that there are no relaxations on the use of EU notified bodies and/or CE marking goods that are being sent to the EU.
Please take some time to review how this will impact your businesses and let us know what outstanding questions or inconsistencies remain so that we can feed these back to Government.
FIS has created how-to guidance for its members which can be Conformity Marking – how-to guidance.
by Clair Mooney | Jun 21, 2022 | brexit, Building Safety
The Government has made an announcement regarding the transition to the UK marking ahead of the ending of recognition of CE marking on the 31 December 2022. You can find that announcement here.
The change will allow manufacturers with existing type tests from EU notified bodies under AVCP System 3, where the product was tested by the 31 December 2022, to affix the UK mark to their products, and to continue to supply them to the GB market without needing to be retested. You can find the latest government guidance here.
This is a welcomed move as it helps to keep products flowing while industry wrestles with many other significant challenges.
It is important to recognise, however, that there are still a number of significant questions that need to be worked through, such as the persistent shortfall in capacity of the UK certification and testing sector; ensuring that investment and innovation continue to be attracted in to the UK; and a range of more detailed and critical technical matters. Through the Construction Products Association, we will be pressing for further clarity on a number of pressing issues in particular:
- What is the position of products in the future placed on the market after the deadline, if UK testing and certification does not exist they will still be blocked from the market?
- How will the UK testing and certification capacity be encouraged to fill the gaps or will specialist product areas be allowed to use facilities outside the UK? This is also needed to ensure products being brought on to the UK market from outside the UK can be certified and tested without delay.
- In addition, there are still a significant number of standards to pass through the system, some critical to industry.
- Finally, the position in regard to EOTA data and formal confirmation of its use in the UK needs to be confirmed.
If you have any further questions, please feel free to contact us on 0121 707 0077 or email info@thefis.org
Visit the FIS Brexit Toolkit here
by Clair Mooney | May 25, 2022 | brexit
The CICV is calling on the Scottish Government to intervene and help address concerns raised by Scottish construction businesses over the introduction of the new UK Conformity Assessed (UKCA) mark.
The unique alliance’s Post-Brexit and Trade Group has written to Business Minister Ivan McKee (pictured above) requesting assistance as CICV businesses grapple with new UKCA conformity assessment and certification arrangements that replace CE Marking after 31 December this year.
The UK Government is introducing a new “UK Conformity Assessed” mark for goods placed on the market in Great Britain from 1 January 2023. Ministers seek new powers to end the recognition of CE Marking in favour of UKCA Marking in the recently passed Building Safety Act.
CICV has highlighted the deep frustration among manufacturers and importers that there is at present no route to accept historic test data and reports from EU Notified Bodies for use in complying with UKCA Marking.
This poses a particular problem, it says, for goods in relation to the Assessment and Verification of Performance (AVCP) System 3. If manufacturers and distributors want to continue selling their goods in Great Britain, they have to be re-tested and certified by an accredited UK Approved Body.
The CICV is concerned at the lack of progress between the UK Government and individual companies, trade associations and certification and testing bodies to prepare properly.
It argues that there is insufficient testing capacity and capability for manufacturers to have their goods assessed and certified for the British market, using UK-based Approved Bodies, by the end of this calendar year.
The letter says: “There are simply not enough approved companies or qualified people to conduct the huge number of assessments and certifications required to gain UKCA Marking in time.
“For example: there are no UK Approved Bodies able to test:
- insulation: most types of pipe insulation and duct insulation;
- trench heating: most types for residential, commercial & municipal buildings;
- renders: several types of synthetic renders and render-based brick slips;
- glass: several types of coated and laminated glass inc. mirrors;
- plastic pipes: several types of thermoplastic pipes for underground drainage.
“For other goods, there are scant few UK Approved Bodies available:
- radiators: only one approved company whose entire annual capacity is fully booked;
- fire doors: only two approved companies for smoke leakage tests;
- sealants: only one approved company – most tests take up to 3 months to allow for curing.”
The CICV says that with continued uncertainty about as-yet-unknown future regulations, large capital costs for SMEs to invest in more or new equipment and facilities and next-to-no time available to find and train specialist staff, there is little appetite for businesses to take the plunge.
The letter says: “Whitehall has told businesses to prepare for the end of CE Marking on 31 December 2022. Legislation is required but the Department for Levelling Up, Housing and Communities (DLUHC) cannot give a firm date for this.
“The risk is that faced with ongoing difficulties – like higher raw material, energy, labour and transport costs and other inflationary pressures – businesses do not bother, hoping somebody will come up with answers in time.”
It continues: “CICV says the situation is fast becoming serious for British manufacturers who are already spending hundreds of thousands of pounds on testing to both UK and EU standards. With eight months to go, there are too many unresolved questions about post-2023 arrangements.
“The preferred solution is for ministers to pause now that the Building Safety Act is on the statute book and take heed of what industry is telling them. The CICV view is that deferring the 31 December 2022 date is obvious and necessary and UK ministers should move quickly to say so and dispel uncertainty.
“Drafting the statutory instruments to bring in new provisions is critical and must be done correctly to avoid unintended consequences that harm British businesses. It is sensible and pragmatic to delay the secondary legislation to allow business to prepare properly.
“If the situation described is not resolved (and soon), the logical conclusion is that goods cannot be sold after 1 January – and construction, housebuilding and property RMI will slow down or stop.”
The letter concludes with the CICV asking the Scottish Government to recognise the concerns expressed and to see if there is scope within devolved powers to assist. “Any representations you can make to the UK Government on our behalf would be gratefully appreciated”, it adds.
Alan Wilson, MD of SELECT, the representative trade body of Scotland’s electro-mechanical sector, and who chairs the CICV, said: “With this submission to Mr McKee we are hopeful that that the Scottish Government can bring its influence to bear on this matter and allay the well-founded fears of CICV members.”
