The date of the UK’s withdrawal from the EU is rapidly approaching – 29th March 2019. It is recognised that that without an EU agreement this could have serious implications on Economic operators. The following points are some of the repercussions that Brexit may have on economic operators:
As of Brexit, UK will be considered as 3rd country. A manufacturer, importer, EU Authorised representatives and Notified Bodies established in the UK will no longer be considered as an economic operator established in the Union.
EU27 Dealers/Distributors importing products from UK will become Importers after Brexit – These operators will have to comply with specific obligations relevant to Importers which are different (and more stringent) from those of dealers. In particular, verification of product compliance and, where applicable, the indication of their contact details on their products.
Authorised representatives or responsible persons in the UK are not recognised anymore; Relocation of authorised representative/responsible person may be necessary; Relabelling to indicate authorised representative/responsible person where required.
It is recognised that that without an EU agreement, Brexit could have serious implications on economic operators of certain CE marked products requiring conformity assessment, if this was obtained by a UK Notified Body. In case of no-deal, as from the UK’s withdrawal date, the UK Notified Bodies would lose their status as EU Notified Bodies. Where the applicable conformity assessment procedure foresees the intervention of a Notified Body, products placed on the Union market after the UK withdrawal would require a certificate under the responsibility of an EU-27 Notified Body. Therefore economic operators of CE marked products need to take the necessary steps to ensure that they will hold certificates issued by an EU-27 Notified Body to demonstrate compliance for their CE marked products placed on the market as from the withdrawal date. This means that they need to either arrange for a transfer of their files and the corresponding certificates from the UK Notified Body to an EU-27 Notified Body, or to apply for a new certificate with an EU-27 Notified Body. Economic operators must update the Declaration of Conformity of the products to reflect this change.