From 1st January 2021 the Construction Products Regulations in the UK have changed.  Whilst the technical requirements for goods historically traded under Construction Products Regulation (CPR) will remain broadly the same on 1 January 2021, a transition on product marking has begun and two new product marks, the UKCA and UKNI marks have been introduced to replace the CE Mark for products placed on the market in the UK (the CE mark will no longer be valid on imports or domestically manufactured products sold in the UK the 1st January 2022).  Products sold in to Europe will still be subject to produce regulations in the EU and carry the CE Mark.

UK Approved Bodies / EU Notified Bodies

These UKCA and UKNI marks will be managed by UK-recognised approved bodies, in place of the current EU system of notified bodies.  Within this change, the recognition of assessment and test reports for the purposes of CE marking where UK bodies are no longer eligible to operate as notified bodies (and visa versa EU bodies who will not be eligible to award the UKCA mark).  This has created some challenges and is yet to be fully resolved.

UK Market Conformity Assessment Bodies database
EU Notified Bodies database

Designated standards

All existing harmonised European standards became UK ‘designated standards’. This means that immediately after the end of the transition period, harmonised European standards and UK designated standards will be identical.

The government has published, and will maintain, a list of these designated standards on GOV.UK.

Designated standards

To assist manufacturers and contractors in understanding their requirements, FIS has produced two simple tables that show requirements for 2021 and how this is likely to change in 2022.  With some fluidity still expected and issues with European Technical Assessments Issued by UK Notified Bodies and test reports issued by UK Notified Laboratories (it is now understood that these can no longer be used for the purposes of CE Marking and you will need to transition to an EU Notified Body for the purposes of CE Marking when placing your products in the European market from the 1st January and to switch to UKCA Marking in the UK via a UK Approved Body).  The situation is different in Northern Ireland, based on the Northern Ireland Protocol and it is vital that you are in conversation with the Notified Body/Test laboratory to ensure that that you are working towards compliance asap in readiness for the New Year.

Product Marking Requirements from January 2021-December 2021

• 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 rules for both markets.
• UK Notified bodies will no longer be able to provide CE marking from 1st Jan 2021, vital to check with your notified body how the transition is being handled
• The UKCA mark alone cannot be used for goods placed on the market in Northern Ireland

Product Marking Requirements from January 2022

• So long as you have the correct approval from an EU Notified and UK Approved body, there is nothing to stop you using all three marks in accordance with marking requirements,
• Further clarity anticipated on how the Construction Products Regulations will be applied in Northern Ireland is available here.

It is important to consider whether you are placing or purchasing a system or assembly – if the latter, you will need to consider any marking requirements of the component parts. This will also have implications on any tariff requirements

FIS is keeping our Preparing for Brexit Toolkit up to date here, the risk assessment tool includes links to support preparing for import and export, the EORI process and tariff expectations.

FIS is grateful to the Construction Products Association for support in helping to target and develop guidance for our community.

Additional instructions for use of UKCA and the UKNI images – The rules for using the UKCA and the UKNI images have added additional instructions regarding the height of the markings.

Questions and Answers

Could a manufacturer in GB apply the UKNI & CE to sell across the UK (that is both in NI and GB) thus avoiding the need to use UKCA mark as well?  

From the 1 January 2021, this depends on where the product has been conformity assessed.

If a UK body has assessed the product it will need to have UKNI+CE marking (to allow it on the NI market) in combination with the UKCA mark (for the GB market).

If it has been tested by an EU body it can be CE marked (will allow it on the NI market) and a UK body will need to test it to apply the UKCA mark (for the GB market).

To be clear, UK bodies are able to apply the CE marking only where it is accompanied by the UKNI marking, to indicate that the product is valid for placing on the NI market, but not the EU market. UK bodies are not recognised as competent to apply the CE marking alone, since this would mean the product is valid for the EU market. Without an MRA, UK bodies will not be recognised as competent to test for the EU market.

If I have traditionally relied on ACVP System 4 to manage CE Marking, can I self accredit for the purposes of UKCA Marking?

Where the has been no involvement of an EU Notified Body for the purposes of CE Marking, as is the case with ACVP System 4 then you will not be required to look to a UK Approved Body to support the UKCA marking of a product, it will be up to the supplier to assemble the evidence required to demonstrate they meet ALL relevant parts of the UK regulations.

Under AVCP System 3 and above, where a manufacture must have an Initial Type Test (ITT) report issued by an EU Notified Test Laboratory.  UK Test reports are no longer recognised by the EU thus unilaterally invalidating all existing AVCP System 3 testing carried out in the UK and those for the future for the purposes of CE Marking.  UK manufacturers looking to adopt the UKCA mark in this instance will need to do so by working with a UK Approved Body. 

Additional recommended articles:

Brexit: The Big Three Issues for the Finishes and Interiors Sector

CLC Guide: Conformity Marking of Construction Products Guidance

UK Government: Details of the 12-month transition for CE Marking

UK Government: Construction Products Regulation in Great Britain

Further guidance on how the Construction Products Regulations will be applied in Northern Ireland is available here.

CPA: Concerns if you CE Mark using a European Technical Assessment Issued by a UK Notified Body

FIS Preparing for Brexit Toolkit

You can visit the FIS Preparing for Brexit Toolkit here

Please do check back on this page, whilst FIS is making every effort to provide clear information, all advice is provided in good faith, but in an environment where Government are publishing new guidance and hence details subject to review – any deal secured may result in further clarification or change.

The FIS Scottish Contractors Forum took place in Hamilton on the 29th January 2020 and the Construction Scotland Innovation Hub. The group had an excellent informative presentation from three experts from legal firm Addleshaw Goddard who looked at the backdrop in Scotland, changes to the Scottish Building Standards and the impact of Grenfell, changing employment regulation and IR35, Reverse VAT, case law around Smash and Grab Adjudications and the responsibility of contractors under Product Safety Regulations and the impact of Project Bank Accounts.  Iain McIlwee, FIS CEO followed with an update from FIS and a review of the tools and resources available to support members in managing the changes.

Copies of their presentations and supporting materials are available below.

Presentations: FIS_Update_Scotland_29_1_2020

FIS Reverse Charge VAT Toolkit

JTC Newsline January 2020 – advice on ir35

The Academy for Construction People

Enter the Scottish Awards Here

Feedback from attendees

The Migration Advisory Committee (MAC) has today published its long-awaited report on salary thresholds for non-UK workers and a future points-based immigration system.

Industry was concerned that the future migration system would leave many ‘medium-skilled’ construction roles not eligible for skilled visas. Also, that the salary threshold of £30,000 for people to work in the UK under this visa was higher than what employers would typically pay. This at a time when Government is asking the construction industry to deliver ambitious housing and infrastructure targets.

FIS, CITB, BuildUK and a number of other trade groups including the FIS and the Construction Leadership have been engaging with government and the MAC on these issues over the past three years, including submitting a joint industry response to the review in November. Today, the MAC has recommended that the salary threshold be reduced to £25,600, with a range of new medium-skilled construction roles (more than any other sector) now recommended to be made eligible for the ‘skilled-visa’. These include:

• • carpenters and joiners
  • glaziers
  • window fabricators and fitters
  • plasterers
  • floorers
  • wall tilers
  • painters and decorators
  • construction and building trades supervisors

CITB Policy and Strategy Director Steve Radley said: ‘This is an important first-step for our industry and now we will wait to see the Government’s response to the report. It shows what we can achieve by working together and with good evidence. Interestingly, the MAC has also recommend that specific sector-based schemes should be re-examined for sectors with lower-skilled workers such as construction.

‘As a group we will continue to work together with government to ensure the future immigration system provides the breathing space to industry to grow the domestic workforce.’

To view the report click here.

BSI has issued the following statement concerning its continued membership of CEN & CENELEC who provide platforms for the development of European Standards and other technical specifications.

As the adoption of harmonised European Norms is agreed by the European commission, the UK Government are planning to adopt the use of a (UK Conformity Assessed) marking UKCA mark if there’s a no-deal Brexit. The UKCA is a new UK product marking that will be used for certain goods being placed on the UK market.

The UK is leaving the EU on 31 January 2020 and a transition period to negotiate a new relationship between the UK and EU will run from this date to the end of the year. BSI continues as a member of CEN and CENELEC and committee members will continue to participate as normal. The transition period will give the members of CEN and CENELEC time to update their statutes to reflect the UK’s departure from the EU. It is due to run until the end of December 2020 and the CEN and CENELEC Boards have proposed to extend it until the end of 2021. We confidently expect that BSI’s membership of CEN and CENELEC will continue following the update to the statutes.

Our Brexit page will be kept up-to-date and can be found using the link below.

CITB’s spring round of roadshows are planned between late March and May to allow communication with employers and also give insight into proposed levy rates following on from consensus this year.

CITB will also be launching its Future Made careers campaign as well as its new Mid-size Skills and Training fund (for companies up to 250 FTE). Support will be on hand for changes to Training Group Funding as well as its CTD system.

To express your interest in attending click here.

The FIS North West Regional Contractors Forum took place in Central Manchester on the 22nd January 2020. Our group was hosted by Transport for Greater Manchester and we were treated to presentations by Wayne Timperley, Head of Building Control for Greater Manchester and Megan Black, Head of Freight and Logistics at TfGM and Project Sponsor for the Clean Air Plan. Copies of their presentations and supporting materials are available below.

We also covered the new Interior Systems Apprenticeship Standard and regional training funds that support this, assessment and our ongoing competence work. Details of additional support for NVQ Assessment in the Region are available here.

A specialist support package for apprenticeships has been introduced in the Greater Manchester Combined Authority. 186 small businesses have received grants of £3,000 to help create new apprenticeship opportunities.

If you are concerned or have a strong view on the Clean Air Plan, which will likely start to impact on commercial vehicles from 2021:

• You can sign up for news and updates on the Greater Manchester Clean Air Plan.
• You can also email info@cleanairgm.com or phone 0161 244 1000.
• For media enquiries please contact the TfGM Corporate Communications team.

Wayne Timperley, FIS CPD event 22Jan2020
GM CAP Proposals Jan 2020
GM_Clean_Air_Plan_Overview_Dec_2019_FINAL

Some feedback from attendees on the day:

“It was good to meet up and I hope there will be more events like this.”
“I found the event worthwhile, very informative and has definitely got the cogs turning.”
“Great meeting”