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We have had a number of questions/challenges raised with respect to Brexit - the following should help answer the most common ones.
Fact : If and when Brexit occurs CE marking will still be a requirement!
This is due to the requirements of CE marking being enshrined in various UK Legislation such as Electrical Equipment (Safety) Regulations, Electromagnetic Compatibility Regulations, Supply of Machinery (Safety) Regulations to name but a few.
Full details of the requirements can be found in the House of Commons Briefing paper number 7943 "Legislating for Brexit: EU directives".
Please follow the link: https://researchbriefings.parliament.uk/ResearchBriefing/Summary/CBP-7943
The following extract from the above publication explains what happens to the directives enforced by the Regulations/Statutory Instruments (highlighted in yellow) after Brexit :
"Statutory Instruments implementing EU directives will continue in force on Brexit day, unless they are specifically repealed in the Great Repeal Act or other UK primary legislation. EU directives that are implemented by statute will already be enshrined in UK law but the relevant Acts of Parliament will need to be amended if they provide explicitly that they are based on EU law".
Fact: Presently there are countries outside the EU supplying goods to the EU they have to affix the CE Mark we will not be any different.
The requirements of the Directives for the rest of the member states (subject to local requirements) have to be satisfied now and will have to be satisfied in the future. The Directives place responsibilities on the Manufacture, Importer and Distributor of equipment. If you CE Mark using internal production control nothing will change, if you use a notified body, before you change your notified body go to: http://ec.europa.eu/growth/tools-databases/nando/ and check to see if your notified body is listed, if it is then they should still be listed after Brexit as it covers countries that are not part of the EU.
From the European Web Site: https://ec.europa.eu/growth/single-market/ce-marking
By affixing the CE marking to a product, a manufacturer declares that the product meets all the legal requirements for CE marking and can be sold throughout the EEA. This also applies to products made in other countries that are sold in the EEA.
No change from the looks of it from where we are now!
Fact: The CE Mark is a requirement of UK Law, the law with respect to CE Marking is not changing.
To try and stop a repeat of the “Millennium Bug” type approach with respect to the CE marking aspect of Brexit, if we were to go down the road of Kite, UK, or marking other than the CE mark, the requirements would be the same with respect to proving the equipment is “SAFE” for its intended purpose. If the equipment is to be sold to any of the remaining Member States of the EU then a Visible, legible and indelible CE mark would still have to be affixed.
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