After Brexit, is a UK company who previously was appointed the Authorised Representative for the machine manufactured in China able to execute the CE Declaration of Conformity and everything else that encompasses this?
No, an authorised representative must be established in the EU and have an EU address. Manufacturers with UK authorised representatives will have to appoint one in the EU in the event of a “no-deal” Brexit. A Chinese product can reach the EU via the UK but the person importing the product into the EU must still fulfill the “obligations of importers” above.
How will Brexit impact our equipment certification for products imported into the UK (from a non UK/EU Manufacturer)?
There is uncertainty about if and when the UK will leave the single market. There will be little effect on manufacturers until then. There’s a slim chance of a “No-deal Brexit” where the UK may leave the single market on October 31st. If this happens, the most likely outcome is that the UK will remain in the single market for a year or two under a withdrawal agreement or possibly even indefinitely in a Norway style customs arrangement.
If/when the UK leaves the single market the main result is that conformity declaration requirements for products imported into the UK will change:
The “UK Conformity Assessed” UKCA logo may replace the CE mark.
The UK "declaration of conformity" will replace the "EU declaration of conformity”
For self-certified products there will be an unspecified transition period during which there will be a choice between CE and UKCA for UK products.
For products approved by a Notified Body, UKCA will be mandatory from exit day and the product must be certified by a UK conformity assessment body.
The other requirements such as essential requirements, conformity assessment procedures, standards, etc are the same for UKCA marking.
Does the current legislation in Europe, require that products can only have a CE mark if it is awarded in the EU. If this is the case would we need to have a 3rd party in Europe award the CE mark?
The process of CE marking will remain the same after Brexit. If your products are subject to self-assessment and self-certification now, this will stay the same after Brexit.
The changes are because the UK will become a non-EU or ‘third’ country. Unless a withdrawal agreement avoids it, UK products exported to the EU will need to have an EU importer who will have to meet the ‘obligations of importers’ in Chapter 2 of the relevant directives. These include:
making sure the product is properly CE marked
marking their contact details on the product.
Full details of these changes are described in the EU’s notice to manufacturers.
How do I apply for or swap to a UKCA mark after Brexit?
(The implementation of the UKCA mark will depend on the outcome of Brexit) If your products are currently covered by CE marking then in most cases they will also comply with UKCA marking, so you can attach the UKCA mark to the product/ equipment.
Will my products need a CE mark and a UKCA mark after Brexit?
(The implementation of the UKCA mark will depend on the outcome of Brexit) Yes if you are selling in the UK and EU, the UKCA mark won’t be recognised on the EU market so your products will need a CE mark.
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Conformance is Trading Globally
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