Legal News | 15.05.20

Manufactured Goods Regulations Post-Brexit

If there is a no-deal Brexit, there are some new rules and regulations you must now follow if you place manufactured goods on the EU market, or place manufactured goods on the UK market.

EU Market

If your goods are sold in the EU post Brexit you should consider the following:

Conformity

• You are able to self-declare the conformity of your goods against the regulations and you will be able to continue placing your goods on the EU market using the CE marking.
• However, if you require third-party assessment this will need to be given by an EU-recognised conformity assessment body. This can be done in three ways;

1. Having your products reassessed by an EU recognised body
2. Arrange for your files to be transferred to an EU notified body before the UK leaves the EU
3. Check whether your UK notified body is taking steps of its own so you do not need to.

Authorised Representative

You will need to appoint an authorised representative in the EU or EEA.

Legal Obligations

If you export products from the UK to the EU your importer will need to make sure:

• Goods are labelled with their address and either your details or your EU based authorised representatives details
• Any goods which are imported carry the correct conformity markings
• As a UK based manufacturer you have drawn up the correct technical documentation and complied with your labelling requirements
• The importer keeps a copy of the declaration of conformity for a period of 10 years

The importer will not be permitted to place goods on the EU market if they have reason to believe it does not conform with the relevant essential requirements

UK Market

If your manufactured goods are sold in the UK post Brexit you should consider the following:

Conformity

• You will need to use the new UKCA marking if the following applies:
• You are placing certain goods on the UK market after the UK leaves the EU
• You are required to have your goods assessed by a conformity assessment body
• You are using a UK based notified body now or you plan to after Brexit The role of UK approved bodies in the conformity assessment process will not change. Also, in certain circumstances the government will continue to allow use of the CE marking for products for a limited time period.

Authorised Representative

The UK is continuing to recognise all existing authorised representatives in the UK, EU or EEA. However if you need to appoint a new authorised representative or put your goods on the UK market afresh you will need to use an authorised representative in the UK.

Legal Obligations

If you are currently a UK distributor you must identify whether you or your supplier are the ‘importer’ to the UK. As an importer you must:

• Label your goods with your company’s name an contact address
• Your goods carry the correct conformity markings
• The producer of the goods has the correct technical documentation and labelling
• Keep the declaration of conformity for 10 years
• You do not place goods you import on the market if you have reason to believe they do not conform with the relevant essential requirements.

More information on this topic can be found at https://www.gov.uk/guidance/placing-manufactured-goods-on-the-eu-internal-market-if-theres-no-deal and https://www.gov.uk/guidance/placing-manufactured-goods-on-the-uk-market-if-theres-no-brexit-deal

How can we help?

If you need some advice on anything you have read above that relates to you or your business, then please do not hesitate to get in touch with someone from the Commercial Team at Wansbroughs. Whether this be finding out exactly which new legal duties you now have to adhere by, assistance with drawing up certain documentation, ensuring you have the correct markings/labels on goods or understanding the change from the NANDO database, we can help.