Guidance

Placing manufactured goods on the EU market after Brexit

What you need to do to comply with regulations on manufactured goods you place on the EU market if there’s a no deal Brexit.

This guidance was withdrawn on

This page is out of date. It told you how to prepare for a no-deal Brexit.

After 31 January 2020 there will be a transition period until the end of 2020, while the UK and EU negotiate additional arrangements.

You can use the CE marking if you’re placing certain goods on the EU market during the transition period.

For current information, read:
CE marking
EU guidance on the UK’s withdrawal from the EU

You can also read about the transition period.

This guidance is about placing manufactured goods on the EU market. There’s different guidance if you’re placing manufactured goods on the UK market.

If you’ve already placed your goods on the market in an EU country (other than the UK) before Brexit, you do not need to do anything.

Placing goods on the market in the UK, will not count as having placed goods on the EU market after Brexit. This is the case even if you put the goods on the UK market before we leave the EU.

Read the guidance on when placing on the market is considered to take place for manufactured goods on the EU and UK market (PDF, 178KB).

Check which rules apply

What you will need to do after Brexit depends on the type of goods you are placing on the market.

Most of this page covers goods known as new approach goods, which can use the CE marking.

There are different rules for goods:

  • regulated under the old approach
  • non-harmonised goods covered by national legislation

Speak to your solicitor or trade association if you are unsure which regulatory framework applies to your goods.

Old approach goods

You must follow special rules if you’re placing the following goods on the EU market:

Non-harmonised goods

You must make sure that your goods meet the requirements of the first EU or EEA country in which you are placing them on the market.

Check the national regulations of the relevant EU/EEA country to find out what you need to do.

Check if you need to change your conformity assessment

You will not need to take any action after Brexit if any of the following apply:

  • you currently CE mark your good on the basis of self-certification
  • any mandatory third-party conformity assessment was carried out by an EU-recognised notified body
  • the certificate of conformity previously held by a UK body has been transferred to an EU-recognised notified body
  • you voluntarily use a notified body to test against European or International standards

Find out how to use the CE marking.

UK conformity assessment

The results of mandatory conformity assessments carried out by UK conformity assessment bodies will not be recognised by the EU. This is the case even if the assessment is carried out before the UK leaves the EU, unless the product has already been placed on the market in an EU country.

If you’re placing a good on the market that needs third-party assessment you will need to use an EU-recognised conformity assessment body.

Speak to your testing body or solicitor for advice on how conformity processes for your good will be affected by Brexit.

Appoint an EU-recognised notified body

Check whether your UK notified body is taking steps of its own, so that you can continue to export to the EU without needing to find a new EU notified body yourself.

If not, you will need to either:

  • get your products reassessed by an EU notified body
  • arrange for the files to be transferred to an EU notified body before the UK leaves the EU

All products where third-party assessment is required will need to be re-marked with the new EU recognised notified body’s 4-digit number.

Appoint an authorised or responsible person in the EU

UK-based authorised representatives and responsible persons will no longer be recognised by the EU after Brexit. This is the case even if the good was placed on the market before we leave the EU.

If you’re required to, you will need to appoint an authorised representative or responsible person based in the EU or EEA.

Manufacturers

Your legal obligations will remain largely unchanged after the UK leaves the EU.

EU-based distributors

If you have an EU based distributor they will become an ‘importer’ after Brexit.

They will need to make sure:

  • goods are labelled with their address and either your details or your EU-based authorised representative’s details (including your company’s name and a contact address or registered trademark)
  • the correct conformity assessment procedures have been carried out and that goods have the correct conformity markings
  • you, as the manufacturer, have drawn up the correct technical documentation and complied with the labelling requirements
  • they maintain a copy of the declaration of conformity for a period of 10 years
  • goods conform with the relevant essential requirements

More information

Read the European Commission guidance on placing industrial goods on the EU market.

Contact

Email goodsregulation@beis.gov.uk if you have goods regulation questions.

Published 19 March 2019
Last updated 3 April 2019 + show all updates
  1. Added guidance on when 'placing on the market' is considered to take place for manufactured goods on the EU and UK market.

  2. First published.