The impact of Brexit on your BBA products

The impact of Brexit on your BBA products

The UK has left the European Union, and at the end of 2020, the transition period is due to end. At this point, the UK may no longer be working to European Union systems, particularly if a trade deal is not negotiated. The UK Government has issued several guidance updates recently, and we have therefore updated our information to clients. Please use the options below to find the information for your BBA product.

Click on each of the sections below to jump to the correlating information.

I am a new client
I have an Agrément certificate (including HAPAS)
I have a European Technical Assessment
I have an MCS certificate
I am an Approved Installer
I have PAS 2030 approval
I am in a Competent Persons Scheme
I have a Factory Production Control certificate (FPC2+)
I have a test report or thermal report
I have a product not listed above
Future changes and useful links

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1. New clients

The BBA will become, on January 1st 2021, a UK Notified Body and a UK Technical Assessment Body. The full scope of product areas and other activities that the BBA can carry out will be listed on a new UK database equivalent to the current EU NANDO database.

CE Marking will only continue to be recognised in the UK market until the end of 2021. It is being replaced in the UK by the UKCA (United Kingdom Conformity Assessed) Mark. This mark can be used from January 1st 2021, and is mandatory for products previously requiring CE Marking from January 1st 2022. For the Northern Ireland market, a UK(NI) mark is used, which is also provided by a UK Notified Body such as the BBA. Any product requiring UKCA Marking or any product that you choose to UKCA Mark voluntarily must have their conformity assessment work carried out by a UK Notified Body or a UK Technical Assessment Body as appropriate. So whether you are based in the UK, in Europe, or elsewhere in the world, you will need a body like the BBA to sell your construction product on the UK Market.

Of course, the BBA will also continue its wide range of activities that are independent of the UK’s status within the EU. BBA Agrément Certificates are unaffected by Brexit.

The BBA will be able to:

– Carry out a range of accredited and Notified testing in support of UKCA Marking or other certification, such as Agrément certification or Certificates of Conformity

– Provide UK Notified Body reports in support of UKCA Marking

– Offer Factory Production Control certification if you need third-party inspection

– Prepare UK Assessment Documents, and issue UK Technical Assessment certificates, if you choose to voluntarily UKCA Mark a product that is not associated with a harmonised standard (which will be adopted in the UK as ‘designated standards’).

– Liaise with our European partners to mirror your UKCA Marking needs into support for CE Marking

– Offer the full range of accredited activities shown on our UKAS schedules, in product certification, management systems certification, inspection and testing (accreditation schedules 0113 (product)0113 (management systems)0357 (testing) and 4345 (inspection)). From January 1st 2021 (unless a trade deal negotiates otherwise) the Construction Products Regulation (CPR) activities on the 0113 product schedule will apply to assessments in support of UKCA marking. The range of UKAS remains a signatory to the IAF and ILAC mutual recognition agreements, meaning that BBA’s accredited activities are recognised as such in all signatory countries, covering more than 100 countries and regions around the world.

– Combine activities to save you time and money – for example, by combining Agrément factory production control visits with FPC 2+ visits and management systems certification (ISO 9001, ISO 14001, ISO 45001).

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2. Agrément (including HAPAS)

What is the status of this product from January 1st 2021? 

There is no change in the status of your BBA Agrément Certificate. The BBA Agrément Certificate remains the most robust and comprehensive approval in the UK for construction products and systems, both for innovative products and more established ones. As the UK moves away from the CE Marking scheme, independent UK third-party verification of the performance of products is likely to become increasingly important to specifiers and end-users.

The BBA issues its Agrément certificates with UKAS accreditation (Certification Body No. 0113). UKAS remains a member and signatory of the International Accreditation Forum (IAF) and the International Laboratory Accreditation Cooperation (ILAC), covering over 100 countries and regions around the world. This means that the BBA’s accreditation is recognised as equivalent to other national accreditation in product certification, management systems certification, inspection and testing.

What do I need to do? 

– If you are not required to have CE Marking on your product, then there is nothing you need to do.

– If you have CE Marking at the moment, you will need to arrange to transfer to UKCA Marking before the end of 2021. The BBA will be a UK Notified Body and a UK Technical Assessment Body, and will be able to offer conformity assessment services in support of this.

– You may also want to make a minor amendment to your Agrément certificate to add the reference to your UKCA Marking.

My product requires CE Marking / UKCA Marking – where can I sell it? 

– To sell on the EU market, you will need to continue to CE Mark your product

– To sell on the GB market, you will need to UKCA Mark your product

– To sell in Northern Ireland, you will also need the UK(NI) mark

– More than one mark can be used if you are selling to multiple markets

The BBA can provide you with the third-party verification that you need for your UKCA Marking.

Please get in touch at clientservices@bbacerts.co.uk if you would like us to contact you once services for UKCA Marking are available (these come into force on January 1st 2021).

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3. ETA holders

What happens for sales to the UK market? 

The BBA will act as a UK Technical Assessment Body from January 1st 2021. If you have an existing ETA Certificate from the BBA, you can immediately apply UKCA Marking to your product without any further action. Your current ETA will be treated as if it were issued under the new UK framework. If you wish to have your ETA issued as a UK Technical Assessment issued, based on your current ETA, the BBA can also do this for you. If you sell into the NI market as well as the GB, you will also want to use the UK(NI) Mark.

The BBA will contact all ETA Certificate holders during November to establish what actions you require.

My ETA is issued by a Technical Assessment Body (TAB) in the EU. Can I use my existing technical file to support UKCA Marking? 

Yes. The Withdrawal Agreement makes it clear that both the EU and the UK are keen that operators do not have to double their efforts. The BBA can work with you and with your EU TAB to transfer technical file information so that the process of moving to a UK TAB and having a UKTA issued is as smooth as possible.

What happens for sales to the EU market? 

If you sell into the EU, you may choose to continue to voluntarily apply CE Marking. Note that UK Government guidance states ‘If you’ve already placed your goods on the market in an EU country (or in the UK) before 1 January 2021, you do not need to do anything.’ For the future, if you are placing new goods on the market in the EU and the UK, you may choose to have both CE Marking and UKCA Marking. The BBA has arrangements in place with European partners so that technical files can be transferred between bodies to minimise duplication of conformity assessment. If this is necessary, you will enter a contract between you, the BBA and our European partner. The European TAB will then be able to reissue your ETA. Your CE Marking label will need to change to identify the new TAB.

Further details of this process will be released later in the year, once there is more definitive information on whether a UK / EU trade deal has been negotiated. An application form will be available at that time for you to provide us with the necessary information. We will contact all BBA ETA holders as soon as this further information is available.

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4. Microgeneration Certification Scheme

There is no change to the validity of your MCS product certificate from the BBA after 1st January 2021. The MCS is a UK scheme, and BBA is UKAS-accredited for the scheme as a product Certification Body.

Please get in touch at clientservices@bbacerts.co.uk if you are interested in getting a new MCS certificate, or adding products to an existing one.

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5. Approved installers

There is no change to the validity of your Approved installer certificate from the BBA after 1st January 2021. This UKAS-accredited scheme is not based on EU regulations, so it is unaffected by Brexit and the end of the transition period.

Please get in touch at clientservices@bbacerts.co.uk if you want to expand your approval.

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6. PAS2030 approval

There is no change to the validity of your PAS 2030 approval from the BBA after 1st January 2021. This UKAS-accredited scheme is not based on EU regulations, so it is unaffected by Brexit and the end of the transition period.

Please get in touch at clientservices@bbacerts.co.uk if you want to expand your approval to other measures.

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7. Competent Persons Scheme

There is no change to the validity of your Competent Persons Scheme membership from the BBA after 1st January 2021. This UKAS-accredited scheme is not based on EU regulations, so it is unaffected by Brexit and the end of the transition period.

Please get in touch at clientservices@bbacerts.co.uk if you want to expand your approval to other products or services.

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8. Factory Production Control certificate (FPC system 2+)

 I am an FPC 2+ client selling into the UK market – what is the status after January 1st 2021? 

If you have a BBA FPC 2+ certificate, you can immediately use it to support your UKCA marking, and need take no further action. Existing FPC certificates from the BBA will be treated as if they were issued under the new UK framework. If you wish to have your certificate reissued under the new UK framework, with the UK Notified Body number, this can be done for an administrative fee. Note that if you sell on the Northern Ireland market as well as in the GB, you will need to display UK(NI) marking as well as UKCA Marking.

I am an FPC 2+ client selling into the EU market – what is the status after January 1st 2021? 

You will continue to require CE Marking. We will work in contract with you and our European partners to transfer your files to them so that your CE Marking is supported by a Notified Body in an EU member state. In many cases, we may be able to continue to carry out the factory inspections for continuity.

Further details of this process will be released later in the year, once there is more definitive information on whether a UK / EU trade deal has been negotiated. An application form will be available at that time for you to provide us with the necessary information. We will contact all BBA FPC2+ Certificate holders as soon as this further information is available.

I am an FPC 2+ client selling into the UK and EU markets – what is the status after January 1st 2021?

You will need both CE Marking and UKCA Marking.

Your UKCA Marking can be covered by your existing certification with no further action, although if you wish to have your certificate reissued under the BBA’s new UK Notified Body number, this can be done for an administrative fee.

Note that if you sell on the Northern Ireland market as well as in the GB, you will need to display UK(NI) marking as well as UKCA Marking. We will also work with you and our European partners to transfer your files to them so that your CE Marking is supported by a Notified Body in an EU member state. In many cases, we may be able to continue to carry out the factory inspections for continuity.

Further details of this process will be released later in the year, once there is more definitive information on whether a UK / EU trade deal has been negotiated. An application form will be available at that time for you to provide us with the necessary information. We will contact all BBA FPC2+ Certificate holders as soon as this further information is available.

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9. Test report or thermal report

I have a Notified Body test report or thermal report from the BBA – what is the status? 

If you are selling within the UK and wish to update your CE Marking to UKCA Marking, the BBA will be able to reissue your report under its UK Notified Body number. The BBA will be able to do this from January 1st 2021. If your product changes in the future, and you wish to continue selling on the UK Market, you will need to have the product reassessed by the BBA.

If you are selling within the EU, our understanding is that as the BBA was an EU Notified Body at the time of issuing the report, it should still be accepted as a Notified Body report by remaining EU Notified Bodies. We would caution, however, that this is one of the areas where there is not a complete consensus of interpretation, so we are keeping abreast of developments, and will update this advice if more definitive guidance is published.

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10. Any other product

The BBA product I have is not listed here – what do I do? 

If you have a Certificate, approval or report not listed in this update, please contact us at brexit@bbacerts.co.uk with your query and we will get a response to you as soon as we are able.

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11. Future changes and useful links

Could the information here change before the end of the year?

– Yes. We are keeping up to date with UK Government, EU and industry guidance, but these do change over time, and we will continue to update our information in line with that.

– The most significant issue that could change this information is whether a UK/EU trade deal is negotiated, and if so what the terms are. We should know more on this by the end of October.

– The information could also change again after the end of the transition period, if a trade deal is negotiated later.

I can’t find the information I need to answer my question. Is there an additional source of information?

– Yes, please consider these UK Government sources of information:

– The EU Construction Products Regulation

– UK adoption of CPR as a ‘designated standard’

– UK Government guidance on the CPR from 1-1-2021

– UK Government – placing goods on the UK market

– UK Government – using the UKCA mark

– You can also get in touch with us using brexit@bbacerts.co.uk and we will try to provide the information you need.