MHCLG has provided the following update regarding CE marking post Brexit.
You should note however the note says ‘Please note that this position is our current understanding and has not yet been cleared by MHCLG’s legal team.’
We will keep you informed of developments as we get them.
Meanwhile if you have any questions please contact our Technical Director Joe Cilia joecilia@theFIS.org
CE marking post Brexit
Goods legitimately affixed with CE marking already on the UK market before the UK leaves the EU will be able to continue to circulate in the UK. Additionally, goods which are made and assessed against EU harmonised standards and legitimately carry the CE marking can continue to be placed on the UK market. This includes that they:
- be covered by an EU harmonised standard which is the same as a UK designated standard (immediately following exit these will be identical);
- are affixed with CE marking;
- be accompanied by a manufacturer’s declaration of performance;
- have been assessed by an EU-recognised notified body, where third party assessment is required.
It is intended that these arrangements will be for a time limited period and sufficient notice will be given to businesses before that period ends.
Notified bodies operating under the CPR and based in the UK will be granted new UK ‘approved body’ status and listed on a new UK database. Approved bodies will be able to undertake conformity assessment activity for UK designated standards; where an approved body has undertaken the assessment, the manufacturer (or their authorised representative) must affix UK marking. Rules around affixing the new UK conformity marking will remain the same as current CE marking, and further details can be found on the following gov.uk webpages: CPR if there’s no Brexit deal and using the UKCA marking.
In response to the queries on Article 9.2 of the Construction Products (Amendment etc.) (EU Exit) Regulations 2019:
‘The UK marking shall be followed by the two last digits of the year in which it was first affixed, the name and the registered address of the manufacturer, or the identifying mark allowing identification of the name and address of the manufacturer easily and without any ambiguity, the unique identification code of the product-type, the reference number of the declaration of performance, the level or class of the performance declared, the reference to the harmonised technical specification applied, the identification number of the approved body, if applicable, and the intended use as laid down in the harmonised technical specification applied.’
- Manufacturers are obliged to include the last two digits of the year when they affix the UKCA mark. If it is a new product now being placed on the market, the last two digits will be ‘19’. If the manufacturer is just changing the DoP of a product previously CE marked to be UKCA marked, then, similar to what happened when changing from CPD to CPR in 2013, they could stick to the old CE mark reference number for the UKCA DoP. If, however, they change the performance of the product, they would be expected to amend the last two digits of the reference number in the DoP to the current year (‘19’), as the product would be considered as a new product being placed on the market. Please note that this position is our current understanding and has not yet been cleared by MHCLG’s legal team.
- Under the CPR, the same reference number should appear on the DoP and CE label, which would be the same for the UKCA mark. The creation of a reference number and the DoP is drawn up by the manufacturer, therefore it would be for the manufacturer to review their DoP and the reference number used, before deciding on the appropriate way forward.
- When a UK notified body becomes an approved body, the identification number will remain the same.