What you will need to do to comply with regulations on manufactured goods placed on the EU market if there’s a no-deal Brexit.
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The UK will leave the EU on 31 October. This page tells you how to prepare for Brexit. It will be updated if anything changes, including if a deal is agreed.
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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.
You will need to take action now to check:
- which conformity process you need to follow
- whether you will need to appoint an authorised representative or responsible person in the UK
- whether your legal responsibilities will be changing
If you have 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 31 October 2019.
Your business sector
You must follow special rules if you’re placing goods on the EU market in the following sectors:
Conformity assessing your goods
You will not need to take any action if you:
- self-declare the conformity of your good against the regulations; in this case you can continue to place your good on the EU market using the CE marking
- voluntarily use a testing or notified body to test against European or international standards
UK conformity assessment
The results of conformity assessment carried out by UK conformity assessment bodies will no longer be recognised by the EU after Brexit. This is the case even if the assessment was carried out before the UK leaves the EU, unless the product has already been placed on the market in an EU country.
If you are placing a good on the market that needs third-party assessment you will need to use an EU-recognised conformity assessment body.
Appointing an EU-recognised notified body
There are 3 ways you can get your products ready for placing on the EU market. In the first instance you should speak to your notified body for advice.
- Get your products reassessed by an EU-recognised notified body before placing them on the EU market. You can find a list of EU-recognised bodies on the NANDO database.
- Arrange for the files to be transferred to an EU notified body before the UK leaves the EU.
- 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 notified body yourself.
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.
Appointing an authorised representative 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 Brexit day.
You will need to appoint an authorised representative or responsible person based in the EU or EEA.
Checking whether your legal responsibilities are changing
If you are a UK based manufacturer, your legal obligations will remain largely unchanged after the UK leaves the EU.
If you export products from the UK to the EU or EEA, your EU-based distributor will become an importer after the UK leaves the EU. You or your importer will need to make sure you understand your legal obligations.
Your importer 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 any good they import carries the correct conformity markings
- you as the manufacturer have drawn up the correct technical documentation and complied with your labelling requirements
- they maintain a copy of the declaration of conformity for a period of 10 years.
- they do not place a good you import on to the EU market if they have reason to believe it does not conform with the relevant essential requirements
Goods not covered by EU legislation
For some manufactured goods, such as furniture and bicycles, there is no EU wide product specific legislation. These goods can be regulated at national level and are known as ‘non-harmonised goods’.
These goods can in some cases circulate freely around the EU/EEA under the ‘mutual recognition principle.’ This is the principle of EU law under which EU countries must allow goods that are legally sold in another EU country to be sold in their own territory. After the UK leaves the EU, this principle will no longer apply in the UK.
If you export non-harmonised manufactured goods to the EU/EEA, you will need to make sure they meet the requirements of the first EU or EEA country in which you are placing them on the market.
You can find information about different national regulations of non-harmonised goods for EU countries through the product contact points.
Speak to your solicitor or trade association if you are unsure which regulatory framework applies to your goods.
The European Commission has also produced guidance on placing manufactured goods on the EU market.
- European Commission preparedness notice on industrial products (PDF, 253KB)
- European Commission Brexit industrial products Q&A (PDF, 403KB)
- European Commission preparedness notice on medicines (PDF, 164KB)
- European Commission Q&A on medicines (PDF, 607KB)
- European Commission preparedness notice on type approvals (automotive vehicles) (PDF, 43KB)
- European Commission preparedness notice on type approvals (vehicles and engines) (PDF, 49KB)
- European Commission Q&A on type approvals (PDF, 506KB)
Contact us at firstname.lastname@example.org if you have goods regulations questions.