Brexit - end of transition period at 1st of january 2021

Statement of the European Commission about certification and approval of products

As of January 1, 2021, the European Union and the United Kingdom will be separate regulatory and legal spaces.

This also applies to the certification and approval of products - both as an importer, exporter or distributor.

Do you have any questions? Do you need a new approval?

We will be happy to help you!

 

Please note the following information from the European Commission:

A.3. Certificates and authorisations of products, establishment requirements, labelling and marking

During the transition period, the United Kingdom takes part in the Single Market, including the Single Market for goods. Goods can be freely traded between the European Union and the United Kingdom without being subject to checks thanks to the existence of a single, Union regulatory framework for the placing on the market of goods, including harmonised technical rules, safety and environmental standards, and mutual recognition. The EU institutions and bodies, such as EU agencies, oversee the good functioning of this framework.

As of 1 January 2021, the Union and the United Kingdom will be two separate regulatory and legal spaces.

This means that all products exported from the Union to the United Kingdom will have to comply with UK rules and standards and will be subject to any applicable regulatory compliance checks and controls on imports. Similarly, all products imported from the United Kingdom to the Union will need to comply with Union rules and standards and will be subject to all applicable regulatory compliance checks and controls on imports for safety, health and other public policy purposes.

EU businesses that currently distribute products coming from the United Kingdom will become exporters or importers for products they place on the Union market. This means that they will need to comply with the obligations of an exporter or an importer according to the applicable Union rules.

As regards the authorisation and certification of products, on the Union side:

·Certificates or authorisations issued by UK authorities or by bodies based in the United Kingdom will no longer be valid for placing products on the Union market. This means, for instance, that a motor vehicle with a type approval issued by the United Kingdom can no longer be placed on the Union market. Where Union legislation requires certification by an EU Notified Body – e.g. for some medical devices, machinery, personal protective equipment or construction products – products certified by UK-based bodies will no longer be allowed to be placed on the Union market.

·Where Union legislation requires registration of products in databases, this may have to be done by an importer in the Union or an authorised representative of the UK manufacturer. 14

·Where Union legislation provides for a requirement to be established in the Union for certain economic operators or other natural or legal persons (e.g. authorised representatives of third-country manufacturers or ‘responsible persons’ for regulatory compliance), establishment in the United Kingdom will no longer be recognised in the Union. This means that a relocation of the authorised representative/responsible person from the United Kingdom to the Union will be necessary, or a new authorised representative/responsible person established in the European Union will have to be appointed.

·Markings or labelling of goods placed on the Union market, which refer to bodies or persons established in the United Kingdom, will no longer comply with Union labelling requirements.

Finally, Union rules prohibiting or restricting certain imports / exports of goods 15 for public policy reasons such as the protection of health, safety and the environment will apply to trade with the United Kingdom, as with any third country.

Source: https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:52020DC0324&from=DE

Your contact for further information

Dipl.-Ing. Holger Bentje
Head of Radio & Telecommunications Department
+49 (0) 5235-9500-24
Uwe Dollitz B.Sc.
Section Manager International Type Approval
+49 (0) 5235-9500-135

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