INFORMATION ON DELIVERIES OF GOODS TO THE UNITED KINGDOM AFTER BREXIT (CE vs. UKCA)

The withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union, the so-called Brexit, has resulted in many ambiguities, including in the area of supply of goods. The Embassy of the Ministry of Foreign Affairs of the Czech Republic answered the most fundamental questions concerning this issue.

Exports and related legislation

The 2018 EU Withdrawal Act retains the original legislation and allows it to be amended to make it operational and effective after Brexit. Product Safety and Metrology etc. eliminates any inaccuracies resulting from the UK's departure from the EU (such as references to EU institutions) and lays down specific rules for the UK market.

Transposition of EU directives into English law

For specific directives for the European Union, see the link from the British government for a table showing the original EU regulations and their current English versions. As of 1 January 2021, for specific directives used by the SZU, such as the PED Directive 2014/68 / EU or the Machinery Directive 2006/42 / EU, there are manuals for entrepreneurs, that came into force with the listed obligations of manufacturers and their authorized representatives, importers and distributors, which result from the transition to British legislation.

Transitional period

The length of the transitional period varies depending on the type of goods. For example, there is a transitional period until 31 December 2022 for valves. A two-stage process is valid until the same date: EU certification is required first, then a declaration from the manufacturer or a third party responsible for the official UK authority. The CE marking on the basis of the manufacturer's own declaration of conformity is therefore only possible for the UK market until 31 December 2022. From 1 January 2021, products falling under the above legislation, for which conformity is assessed by the British authority, are marked with the new UKCA marking. It will be possible to affix the UKCA and CE mark to the same product on the basis of a self-declaration, provided that the EU and UK requirements are the same.

If a product has been assessed by an EU Notified Body, the manufacturer must continue to use the CE marking and may place it on the UK market until 31 December 2022. After that, these products may be in circulation on the UK market but cannot enter without the UKCA marking. Products sold in both the EU and the UK will need to be CE and UKCA marked.

Declaration of Conformity

The information required in the declaration of conformity for UKCA certification will remain largely the same as the information required in the EU declaration of conformity. However, they will have to refer to the relevant UK legislation instead of EU legislation (using the said converter) and to the standards specified by the UK instead of the standards in the Official Journal of the European Union (OJEU). UK standards are currently almost identical to those used in the EU.

For more information you can visit the website of UK government: https://www.gov.uk/guidance/using-the-ukca-marking#history