The government still expects, and hopes, that the UK will reach a deal with the EU for Brexit, so that there is a transition period during which trading agreements can be negotiated. If the UK leaves the European Union without a deal, however, there will be implications for products covered by the Construction Products Regulation (CPR) by UK Notified Bodies and UK Technical Assessment Bodies (TABs). Products to be placed on the EU market will continue to need CE Marking if they are covered by a harmonised European standard, but for products to be placed on the UK market, an equivalent UKCA Marking scheme would be introduced. For further details, see below.
EC Certificates of Conformity
EC Certificates of Conformity, including those for factory production control (FPC) issued by UK Notified Bodies would become invalid in the event of the UK leaving the EU with no deal. This means that for the product to be placed on the market in the EU, Certification and AVCP inspections would need to be managed by a Notified Body in one of the remaining EU member states. The BBA is negotiating a partnering arrangement with a European Notified Body for this work, and will provide information to affected clients in time to transfer their documentation. However, if you are placing the product on the market in the UK, your approvals remain valid.
European Technical Assessments (ETAs)
The BBA has reached an agreement with a European TAB to allow our clients to transfer their ETA files and associated Certificates with minimal disruption in the event of a no-deal Brexit. The BBA will provide information to affected clients in time to achieve this transfer should it be necessary.
Equivalent provisions in the UK
In the event of a no-deal Brexit, the following changes will take place immediately:
* Harmonised European standards will be adopted as identical UK Designated Standards
* UK Conformity Assessed (UKCA) marketing will be introduced for certain products placed on the market in the UK. For further information on UKCA marking, please see this link.
* TABs that are UK-based will become UK Technical Assessment Bodies and listed on a UK register. The BBA will be able to issue UK Technical Assessments in order for products not fully covered by a UK Designated Standard to be UKCA marked.
* Notified Bodies that are UK-based will become UK Notified Bodies and listed on a UK register. The BBA will be able to issue UK Notified Body reports in support of products being UKCA marked.
For a limited period of time (currently of unspecified duration), existing CE Marking on most goods will still be accepted for sales to the UK market.
As mentioned above, if you are UK-based and selling into the UK market, your approvals remain valid with no further action necessary on your part.
Non-EC Certificates and Approvals
Note that if you are a BBA Agrément Certificate holder, or another non-EC scheme, such as HAPAS, MCS, PAS2030, management system, approved installer, etc, your certification or approval will be unaffected by Brexit, whether there is a deal or not. These are UK schemes, and the outcome of Brexit will not affect the validity of your Certificate or approval. Likewise, non-EC test reports on our accredited schedule will still be recognised internationally as accredited under ISO 17025. The BBA is accredited by the United Kingdom Accreditation Service as a Product Certification Body, Management Systems Certification Body, Testing Laboratory and Inspection Body. Full UKAS accreditation scopes can be found on our website. UKAS is the UK’s national accreditation body, and a signatory to the international mutual recognition agreements for accreditation bodies. UKAS is also the UK member of European Accreditation, the association of national accreditation bodies in Europe, and this body has amended its Articles of Association to allow UKAS to maintain its membership after any Brexit outcome.
We will continue to update this advice as more information becomes available. If you have any further questions, please contact us by email at firstname.lastname@example.org