Consequences of the UK leaving the EU Single market and Customs Union for the conformity marking of construction products

04/01/2021

Following the end of the transition period on 31/12/2020, there will be three different product marks that manufacturers, and others in the supply chain, may need to apply. The rules governing these marks will depend on where the product is intended to be used.

These three marks are:

  • The EU’s CE-marking
  • The United Kingdom Conformity Assessed mark (UKCA mark)
  • The United Kingdom Northern Ireland mark (UKNI mark), which is additional to the CE marking in some instances

In circumstances defined by the regulations in force in each jurisdiction, manufacturers may be required to use the services of a conformity assessment body as part of the demonstration of conformity.

These tasks are performed by organisations recognised within the specific jurisdiction:

  • A UK Approved Body is designated by UK government for conformity assessment tasks required by regulations covering the Great-Britain (England, Scotland and Wales) market
  • An EU Notified Body is designated by an EU Member State and recognised by the European Commission for conformity assessment tasks required by Regulation (EU) N° 305/2011 (Construction Products Regulation), covering EEA countries and relevant law as adopted by the UK for the Northern Ireland market
  • A UK Notified Body is designated by the UK government by special dispensation under the Northern Ireland Protocol for UK conformity assessment bodies to provide conformity assessment for the CE marking for the Northern Ireland market only, provided it is accompanied by the UKNI marking).

Although we have done our utmost to ensure that this information is correct and up-to-date, it does not seek to give legal advice or to be an exhaustive reproduction of the law. We strongly recommend readers to refer to the legal acts, which always prevail over the information that we are able to offer.

The UBAtc is in close contact with its UK colleagues to ensure that the UBAtc is able to help manufacturers continuing to place products on the EU and UK market.

 

Several scenarios explaining which legislation will apply to your product, what marking is needed and which conformity assessment body you may need to assess your product, before placing it on the relevant market.

Conformity Marking of Construction Products from 1 January 2021

 

1 Products manufactured in the European Union

Market Place  Conformity Marking  Notes 
Products placed on the market in the European Union   CE  No change: Self-assessment or, where required, conformity assessment by an EU Notified Body only.  
Products placed on the market in Great Britain   UKCA  Marking possible from: 1/1/21;  

Marking mandatory from : 1/1/22.  

Self-assessment or, where required, conformity assessment by a UK Approved Body only.  

CE  Marking ends on 31/12/21, or earlier if UK or EU regulation changes*.  

Self-assessment or, where required, conformity assessment by an EU Notified Body only  

Products placed on the market in Northern Ireland   CE  Self-assessment or, where required, conformity assessment by an EU Notified Body only.  
CE + UKNI  Conformity assessment using a UK Notified Body  
Note  If products are manufactured for the NI market that may also be sold in the EU, then the CE marking will be required for the EU market. Consideration should be given to whether it is worthwhile following the CE + UKNI route as well, because this would imply using both a UK Notified Body (for CE + UKNI) and an EU Notified Body (for CE). Guidance would need to be sought about whether a product could be placed on the EU market bearing both the CE marking and the CE + UKNI marking.  
* Given that legal requirements have been specified in standards and that standards used in the EU and those used in the UK may start to change after 31/12/2020, manufacturers need to be vigilant with regards to new or amended standards 

Although we have done our utmost to ensure that this information is correct and up-to-date, it does not seek to give legal advice or to be an exhaustive reproduction of the law. We strongly recommend readers to refer to the legal acts, which always prevail over the information that we are able to offer.

 

2 Products manufactured in Great Britain (England, Scotland and Wales)

Market Place  Conformity Marking  Notes 
Products placed on the market in the European Union   CE  No change: Self-assessment or, where required, conformity assessment by an EU Notified Body only.  
Products placed on the market in Great Britain   UKCA  Marking possible from: 1/1/21;  

Marking mandatory from : 1/1/22.  

Self-assessment or, where required, conformity assessment by a UK Approved Body only.  

CE  Marking ends on 31/12/21, or earlier if UK or EU regulation changes*.  

Self-assessment or, where required, conformity assessment by an EU Notified Body only  

Products placed on the market in Northern Ireland   CE  Self-assessment or, where required, conformity assessment by an EU Notified Body only.  
CE + UKNI  Conformity assessment using a UK Notified Body  
Note  If products are manufactured for the NI market that may also be sold in the EU, then the CE marking will be required for the EU market. Consideration should be given to whether it is worthwhile following the CE + UKNI route as well, because this would imply using both a UK Notified Body (for CE + UKNI) and an EU Notified Body (for CE). Guidance would need to be sought about whether a product could be placed on the EU market bearing both the CE marking and the CE + UKNI marking.  
* Given that legal requirements have been specified in standards and that standards used in the EU and those used in the UK may start to change after 31/12/2020, manufacturers need to be vigilant with regards to new or amended standards 

Although we have done our utmost to ensure that this information is correct and up-to-date, it does not seek to give legal advice or to be an exhaustive reproduction of the law. We strongly recommend readers to refer to the legal acts, which always prevail over the information that we are able to offer.

 

3 Products manufactured in Northern Ireland

Market Place  Conformity Marking  Notes 
Products placed on the market in the European Union   CE  No change: Self-assessment or, where required, conformity assessment by an EU Notified Body only.  
Products placed on the market in Great Britain   NI businesses (definition to be provided in government guidance) benefit from ‘unfettered access’ to the GB market and therefore any product legally placed on the NI market can be sold in Great Britain:  
Goods manufactured to GB laws 

UKCA 

Self-assessment or, where required, conformity assessment by a UK Approved Body only  
Goods manufactured to specific laws referenced in the NI Protocol 

CE 

Self-assessment or, where required, conformity assessment by an EU Notified Body only.  
CE + UKNI  Conformity assessment by a UK Notified Body  
Products placed on the market in Northern Ireland   Goods manufactured to specific rules in the NI Protocol: 
CE  Self-assessment or, where required, conformity assessment by an EU Notified Body only.  
CE + UKNI  Conformity assessment by a UK Notified Body  
Note  If products are manufactured for the NI market that may also be sold in the EU, then the CE marking will be required for the EU market. Consideration should be given to whether it is worthwhile following the CE + UKNI route as well, because this would imply using both a UK Notified Body (for CE + UKNI) and an EU Notified Body (for CE). Guidance would need to be sought about whether a product could be placed on the EU market bearing both the CE marking and the CE + UKNI marking.  

 

Although we have done our utmost to ensure that this information is correct and up-to-date, it does not seek to give legal advice or to be an exhaustive reproduction of the law. We strongly recommend readers to refer to the legal acts, which always prevail over the information that we are able to offer.

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