Three years into the Brexit process, all possibilities are still possible and the outcome hard to predict, but given the statements made by our UK and EU politicians, preparations for a No Deal exit should form the basis for business risk mitigation planning.
As of today, Great Britain is due to leave the European Union (EU) on 31 October 2019. Thereafter, the compliance landscape and related processes and regulations will change.
For goods placed on the EU market after the 31st October, CE Marking by an EU Notified Body will be required (if Notified Body involvement is required). This means that if you are currently certified by a UK Notified Body that you would need to re-certify your products with an EU Notified Body - this is a straightforward process that will involve minimal review but will require a change of Notified Body number - for Kiwa UK customers we can transfer to our Dutch Notified Body 0063.
Please note that If the UK leaves with a deal - your CE Certification would possibly be valid until the end of the implementation period, (31st December 2020 as it is stands today).
For the UK market is it is a little less black and white. If you have your products certified by a UK Notified Body we believe that your current certificate will remain valid as evidence of compliance with the UKCA, and a UKCA Certificate will be provided when required. The UK has stated that it will continue to accept CE marked products for a period of time, but will introduce a new Conformity Assessment Scheme - the UKCA - which will have a similar structure to the CE compliance frameworks -
· It will follow the principle of one test for UKCA and CE - having the same requirements and using the same standards
· If the legislation for CE is self-declaration based then it will be under UKCA - the content of the Declaration of Conformity will reference the UK law rather than the EU Regulation/Directive
· If Notified Body involvement is required under CE Marking - then UK Approved Body involvement will be required; in principal all UK Notified Bodies will transition to become Approved Bodies
So for example for a gas appliance, all of the testing and certification requirements for CE marking will apply for products to be applied on the EU market. The CE Certificate and Technical Report and associated evidence can then be used to form the basis for approval under the UKCA Scheme.
Kiwa Ltd will become a UKCA Approved Body should it be required and will be able to transfer its clients to the UKCA mark when possible. We also have back to back agreements with other Kiwa GAR Notified Bodies to offer CE marking under their notifications and will be able to offer dual surveillance visits – ie UKCA and CE covered in one visit.
Furthermore Kiwa UK has agreements with other Kiwa Notified Bodies to recognise their CE Certificates and supporting evidence to allow award of the UKCA as soon as it is possible to do so.