Brexit guidance for manufacturers

23rd October 2019

We have been made aware of further details for manufacturers on transferring certificates after Brexit. This information may be useful for all members not just manufacturers:

 

  • If the UK leaves the EU without an agreement then then the UK will become a third country in relation to the EU
  • UK notified bodies will no longer be recognised by the EU which means that their conformity assessment certificates will no longer be valid for placing products on the EU market after 31 October
  • Manufacturers who use notified bodies to provide conformity assessment certificates have been advised by HMG that their goods will not be compliant for sale in the EU if they do not transfer their certificates to a notified body whose certificates are recognised in the EU
  • Manufacturers are advised to therefore to work with their notified body to transfer their conformity assessment files to an EU recognised notified body if they intend to continue exporting to the EU. In many cases a manufacturer’s UK body will already have made arrangements, which may involving setting up an EU27-based subsidiary or entering into a partnership with an existing EU body
  • We understand that in some cases UK bodies have not been able to put such arrangements in place and may not be able to do so by 31 October. If any businesses are concerned about this, their other options are:
    - To identify another UK notified body which has already made arrangements to be able to transfer client certificates to an EU-based body. Other UK bodies may be willing to facilitate a transfer of certificates for you
    - To directly approach an EU27 notified body which currently certifies products under the same EU regulations as your current UK body, and to enquire about the process for transferring files to them
  • If you decide to approach a new notified body, whether in the UK or the EU, they may charge you a fee to transfer certificates. In some cases they may be unwilling to accept a transfer of certificates without re-testing the product themselves
  • As a first point of call, manufacturers are advised to speak with their notified bodies to understand whether arrangements are already in place to allow their certificates to be transferred to an EU-based body. In some cases your existing notified body may still charge you a fee
  • A full list of UK and EU notified bodies can be found on the NANDO database. The database includes contact details for each body
  • The Government’s priority remains to leave with a deal

 

The previously issued letter from Ministry of Housing, Communities & Local Government is here for reference.