The consequences of Brexit for CE marking
There is a transitional period until 31.12.2020, which does not change anything in terms of trade or customs for the time being. During this period, all harmonised product standards and regulations also apply and Great Britain remains a member of the European Customs Union. This means that harmonised products with the CE mark may continue to be placed on the market and that this may not be hindered.
The CE mark is very important for the glass industry, because it is also placed on windows. This ensures the free movement of many products within the European Community. The implications for the CE marking depend on whether the transitional period ends with a “no deal". All windows with CE marking placed on the UK market during the transitional period may continue to be traded until they reach the end user. The manufacturer or importers must be able to prove that the product was placed on the market within the transitional period. If no equivalent free trade agreement is concluded, customs duties may be raised from 01.01.2021, in which case the regulations of the Construction Products Regulation no longer apply.
For CE marking, this means that the associated conformity assessment procedure for the EU can no longer be carried out by testing and certification bodies that were previously notified in Great Britain. They can only provide evidence according to British rules. British manufacturers of building materials who want to export to the EU must then contact notified testing and certification bodies in EU countries. The authorised representatives in the UK would also lose their status as authorised representatives within the meaning of the BauPVO after the transitional period. In these cases, a new authorised representative established in the EU would have to be appointed. According to sources, Great Britain plans to introduce a new mark (UKCA marking) to clarify the conformity of construction products for use in Great Britain. This may also contain deviating and additional product requirements.
Companies that still want to export glass or windows to the UK may continue to use the CE marking until 31.12.2020, but must be able to prove the date of export. In general, developments in the coming months should be kept in mind and appropriate preparations made.