



At present, many products manufactured or distributed in the UK and EU are required to carry the CE mark. The UKCA logo will need to be displayed on similar items sold in the UK. However, British manufactured products will still require CE approval to be deemed fit for sale in the EU if there is a no-deal brexit. Many products will need to have packaging, marketing and stamping changed to show they meet UKCA regulations, in case UK and EU regulations start to diverge.









CE Marking Post No Deal Brexit

After 29 March 2019 organisations are still entitled to trade goods made and assessed against the relevant EU requirements and branded with the CE mark on the UK market. There is a time-limit on this, however it is undefined as of yet. The government will provide a notice before ending this. These products must:

bear the appropriate EU conformity marking (such as the CE marking)

be accompanied by an EU declaration or attestation of conformity (in English)

have been assessed by an EU-recognised body, where third party assessment is required

Furthermore, notified bodies in the UK will no longer be recognised in the EU. Therefore, after after 29 March 2019 the results of a conformity assessment carried out by UK conformity body will not be valid in the EU.

Additionally, products assessed by a UK notified body prior to exit will no longer be able to be placed on the EU market without reassessment and re-marking by an EU certified assessment body. Manufacturers affected by this can alternatively seek to arrange for their files to be transferred to an EU certified body prior to the 29th of March to prevent this.

The results of a UK notified body assessment conducted before 29 March 2019 will be recognised after 29 March 2019 on the UK market. However, other than where items are ready for placing on the market, manufacturers continuing to rely on such conformity assessment by UK bodies will need to use the UK marking. This does not apply where certificates of conformity have been transferred to an EU-recognised body.

The UK government released a notice (see Annex A) stating that notified bodies based in the UK will be given a new UK ‘approved body’ status and listed on a new UK database (see Annex C). The new UK approved bodies will be able to assess products for the UK market against UK requirements (which, immediately after exit day, will be the same as EU essential requirements).

For organisations that based CE marking through self-declaration, this is still possible for both UKCA marking & CE Marking, including when exporting to the EU. Additionally, in the UK during the undefined time period of ongoing recognition of the CE marking, manufacturers will have the choice to use either the UK or CE marking (or both). However, products being sold on the EU market will require the CE marking as well as needing to meet all other EU requirements.

Organisations that trade goods on the UK market will be able to affix the UKCA marking before placing a product on the UK market. Rules around affixing the new UK conformity marking are the same as those which are currently applicable for CE marking.





What can organisations do going forward?

The implication for organisations is that – in the absence of a transition period if there is a no deal Brexit, organisations must consider lead times for required changes now. This additional mark will mean additional cost, particularly if combined with diverging requirements in the future.

We’ve put a flow chart together to try and simplify the moves required by organisations in the event of a no-deal Brexit.

Collaboration, sharing best practice and benchmarking are valuable resources to in ensuring a smooth transition for organisations of all sizes facing these challenges. For more information on how the Companies Trust platform is striving to facilitate this for some of the UK’s leading organisations head over to our Features Page.﻿