Trading under the mutual recognition principle if there’s no Brexit deal
The Government has published guidance on what would happen if the UK leaves the EU in March 2019 without a deal.
Goods already placed on the market will be able to continue to circulate in the UK. Additionally, goods that meet EU requirements (and were tested by an EU recognised conformity assessment body) can still be placed on the UK market. This is intended to be a time-limited measure.
The results of conformity assessment carried out by UK notified bodies will no longer be recognised in the EU. This means that products tested by a UK notified body will no longer be able to be placed on the EU market without retesting and re-marking by an EU recognised conformity assessment body.
For the areas within scope of this notice (see Annex A), notified bodies based in the UK will be granted new UK ‘approved body’ status and listed on a new UK database. Approved bodies will be able to assess products for the UK market against UK essential requirements (which, immediately after exit day in a ‘no deal’ scenario, will be identical to EU essential requirements).
Manufacturers selling goods on the UK market will then be able to affix a new UK conformity marking before placing a product on the UK market. A separate UK marking to replace the wheel mark will be in place for marine equipment. Manufacturers will not need to use these markings from the point of exit in a ‘no deal’ scenario if they have used the relevant EU marking after having their product assessed by an EU recognised body. This will be a time-limited arrangement. Details of these markings will be published later in 2018 and with sufficient time to allow businesses to prepare.
The United Kingdom Accreditation Service’s role as the UK’s national accreditation body, including for most UK conformity assessment bodies, will remain as it is now.
Existing harmonised standards (used to demonstrate conformity with EU essential requirements) will become UK ‘designated standards’, used to demonstrate conformity with UK essential requirements. As noted above, immediately following exit these will be identical to EU essential requirements.