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 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.
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:
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
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.
Check whether your legal responsibilities are changing
Your legal obligations will remain largely unchanged after the UK leaves the EU.
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
Email email@example.com if you have goods regulation questions.