What you need to do to comply with regulations on manufactured goods you place on the UK market if there’s a no-deal Brexit.
This guidance is about placing manufactured goods on the UK market. There’s different guidance if you’re placing manufactured goods on the EU market.
If you have already placed your good on the UK market before Brexit, you do not need to do anything.
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 often known as new approach goods.
There are different rules for goods:
- regulated under the old approach
- covered by national rules (non-harmonised)
Speak to your solicitor or trade association if you are unsure which regulatory framework applies to your goods.
Old approach goods
You must follow different rules if you’re placing the following goods on the UK market:
There are also special rules if you’re placing the following goods on the UK market:
Goods covered by national rules (non-harmonised)
You must make sure that your goods meet UK rules. You’ll need to do this even if they were previously sold in an EU country.
Check the UK product safety rules to find out what you need to do.
Check if you need to change your conformity assessment or marking
You need to use a conformity mark if you’re placing certain goods on the UK market. Before Brexit, in most cases, you can do this using the CE marking.
After Brexit, the UKCA mark will be the conformity assessment marking for the UK for most goods subject to CE marking. It will not apply to medical devices.
The CE marking will be accepted in the UK for a limited period of time. The government will consult and give businesses notice before this period ends.
Using the UKCA marking
You need to use this marking if:
- you’re placing certain goods on the UK market after the UK leaves the EU
- you need to have your good assessed by a conformity assessment body
- you’re using a UK based notified body now or you plan to after Brexit
- you haven’t transferred your conformity assessment files from your UK notified body to an EU recognised body before Brexit
Contact your solicitor or trade association for advice on whether your good will be affected.
Using the CE marking
CE marking for the UK market
You will be able to use the CE marking for a limited time period 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
CE marking for both the UK and EU market
The UKCA marking will not be recognised on the EU market, and products currently requiring a CE marking for sale in the EU will continue to need a CE mark.
You will not need to take any action after Brexit if either of the following apply:
- you self-declare the conformity of your good against the regulations
- you voluntarily use a testing or notified body to test against European or international standards
You may need to take additional action if your good needs third-party conformity assessment.
Check whether your UK notified body is taking steps that help you continue to export to the EU without needing to find a new EU notified body.
If not, you will need to transfer your conformity assessment certificates to an EU notified body or alternatively apply for a new certificate from an EU notified body.
Speak to your testing body or solicitor for advice on how conformity processes for your good will be affected by Brexit.
Appoint an authorised or responsible person in the UK
You can continue to use existing authorised representatives based in the UK, EEA or Switzerland appointed before Brexit.
You must appoint an authorised representative based in the UK if you are appointing someone new after Brexit.
You must appoint a responsible person based in the UK if you’re placing cosmetic goods on the UK market. You’ll need to do this even if you have an existing responsible person based in the EEA or Switzerland.
You do not have to do anything if authorised representatives are not needed for third-country manufacturers.
Check whether your legal responsibilities are changing
Your legal obligations will remain largely unchanged after the UK leaves the EU.
UK distributors and suppliers
You’ll need to confirm whether you or your supplier will become an ‘importer’ after Brexit. You’ll become an importer if you’re the one bringing goods into the UK from outside the UK and placing them on the UK market.
You’ll need to make sure:
- goods are labelled with your company’s details, including your company’s name and a contact address (for 18 months after Brexit you can provide these details on the accompanying documentation rather than on the good itself)
- the correct conformity assessment procedures have been carried out and that goods have the correct conformity markings
- the manufacturer has drawn up the correct technical documentation and complied with their labelling requirements
- you maintain a copy of the declaration of conformity for a period of 10 years
- goods conform with the relevant essential requirements
Check the requirements for exporting from non-EU/EEA countries
There are 3 ways to meet the conformity assessment requirements for exporting goods from non-EU/EEA countries.
You can have your goods assessed:
- by a UK approved body for the UK market, requiring the UKCA marking
- by an EU or EEA notified body for placing on the EU and UK markets for a limited time, requiring the CE marking
- against EU requirements by using designated third-country conformity assessment bodies based in Australia, New Zealand, Canada, USA, Japan, Switzerland, Turkey, South Korea or Israel (for a limited time)
Email firstname.lastname@example.org if you have goods regulation questions.