Five years on from Brexit Article 50: are European businesses prepared for the 1 January 2023 deadline?

This week marks the 5th anniversary since the UK triggered Article 50, beginning the process to exit the EU. Five years on, and the UK has now formally left. But for many European businesses and manufacturers, the challenges of adapting to the necessary changes are still ongoing, with some unsure of the requirements for continuing to supply goods to the UK. 

Adrian Rudd, from NMi, the leading measurement institute in the Netherlands, offers advice on how businesses can navigate the new regulatory processes, comply with the correct rules and adhere to deadlines. 

From CE to UKCA

One of the most significant changes caused by Brexit, which is set to affect many manufacturers, is the replacement of the CE marking for UK market entry. Before the UK left the EU, the CE marking was used across Europe as a guarantee to consumers that suppliers or manufacturers had met a set of standards and requirements. For nearly 20 years, the CE marking was recognisable, offering consumers peace of mind.  

It was a system that worked well and indeed still does in the EU. That’s why the British Government has decided to replicate this level of protection for consumers, taking the same requirements and rules to form the basis for the UK Conformity Assessed (UKCA) marking.  

Initially, manufacturers were expected to meet the UKCA requirements by 31 December 2021 for UK market entry. However, this was pushed back to 31 December 2022 by the UK government when it became clear, due to such challenges as the Covid pandemic, that the necessary changes would place undue pressure on the industry when trying to deal with the impacts of the global health crisis. 

For many manufacturers operating in the EU and UK markets, the change was made more complex as bodies registered in Europe and designated to conformity assess against CE requirements (i.e.  Notified Bodies) could not become a UKCA Approved Body. Conversely, UK-based bodies were appointed as UKCA approved bodies but lost their ability to provide CE conformity assessment services.

Finding a Body able to approve both markings at the same time has subsequently become a key factor for many businesses looking to retain access to both the EU and UK. NMi, for example, has set up an office in the UK and gained the applicable UKAS accreditations, leading to its appointment by the UK government as a UKCA Approved Body. This appointment exists alongside its role as a European Notified Body based in the Netherlands.

What’s needed for both markings?

The technical processes for both approvals are currently the same and require two identical tests. Depending on regulatory requirements, products may need Declarations of Conformity (DoC). Other products covered by regulations may need type evaluation, where they are tested by the Body to make sure they meet requirements, with the type being formally certified. An assessment of the manufacturing system may also follow this to ensure that products are capable of being produced according to the type evaluation and that each can meet performance requirements. Again, the manufacturer will gain certification when the assessment is satisfactory and is then able to have the relevant markings applied to products completing the manufacturing process.

As with the CE, the products covered by the UKCA are wide-ranging, varying from phone chargers and game consoles to bike helmets, sunglasses, and teddy bears. For a complete list of products and requirements, please visit https://www.gov.uk/guidance/using-the-ukca-marking . 

For manufacturers selling into Northern Ireland, there is a choice of meeting CE or UKNI requirements, though the current technical requirements are the same. 

The most important point for manufacturers is that the time to act is now. This is particularly pertinent for manufacturers operating in the measuring instrument sector, as from April the UK National Measurement Office (NMO) will no longer provide CAB services. This means former NMO customers will now need to turn to other UKCA Approved Bodies, such as NMi, for any necessary UKCA services. 

It is also not yet clear what will happen, from a UK market enforcement perspective, to companies that fail to comply by the deadline. Still, it would be fitting to assume that failing to meet the requirements is not in accordance with UK regulations. At a minimum, delaying UKCA could hinder doing business in the UK.