Update on UK Exit from the EU – End of Transition
20 November 2020
The UK Government has updated some of the guidance available for businesses on trading between Great Britain (GB), Northern Ireland (NI) and the European Union from 1st January 2021, when the UK will have left not only the EU but the transitional membership of the Customs Union and EU Internal Market. Noting however that NI will remain within the regulatory structures of the EU. A list of links to current UK Government guidance is below, this is primarily aimed at UK businesses but will also affect EU businesses trading with or in GB and NI. Much of the guidance had previously been published but is periodically updated.
Placing manufactured goods on the market in Great Britain from 1 January 2021
Placing manufactured goods on the market in Northern Ireland from 1 January 2021
Placing manufactured goods on the EU market from 1 January 2021
Using the UKCA mark from 1 January 2021
Conformity assessment bodies: change of status from 1 January 2021
Product Marking (CE and UKCA)
Key elements to note include:
- CE marked goods that are self-declared or where any mandatory third-party certification is issued by an EU Notified Body will continue to be compliant for the GB market until the end of 2021, with no changes to documentation etc. From 1st January 2022 goods placed on the GB market will require UKCA marking although in all cases this can be affixed to packaging or accompanying documentation during 2022.
- CE marked goods that are self-declared or where any mandatory third-party certification is issued by an EU Notified Body will continue to be compliant for the NI market indefinitely with no changes to documentation etc, without any requirement to add UKCA marking from 2022.
- Any CE marked goods from an NI business that are subject to mandatory third-party certification that is issued by a UK Notified Body (known as Approved Bodies from 2021) must have the suffix UKNI added to the CE and will not be compliant for placing on the EU market.
- Details of the Economic Operators for individual markets may need to be added to goods as Distributors of goods placed on the GB or EU market will typically become Importers, requiring their name and address to be affixed to the product, its packaging or documentation. Alternatively an Authorised Representative may be appointed in the export market by the Manufacturer.
- Where third-party conformity assessment is required for product marking, this will need to be by an EU body for CE marking and a UK body for UKCA marking. It is likely that current Notified Bodies will have made arrangements for transfer of certifications and technical documentation to an EU or UK counterpart but this is an individual commercial arrangement.
- CE marked goods from Northern Ireland businesses (“NI Qualifying Goods”) can continue to be placed on the GB market after UKCA marking becomes mandatory in GB, without requiring additional UKCA marking. The definition of the qualifying requirements for this status are still awaited.
Product Marking Guidance
There is currently no UK “Blue Guide” equivalent to assist in the application of “new approach” UK product regulations but guides are being produced for individual regulations as they will apply in the UK from January 2021. The collated guidance available for GB is at
https://www.gov.uk/guidance/product-safety-and-metrology-from-1-january-2021-great-britain
and for NI at
https://www.gov.uk/guidance/product-safety-and-metrology-from-1-january-2021-northern-ireland
Please note that for some regulations such guidance is still awaited, notably for NI and for those regulations administered by departments other than the Business Department (BEIS), such as for Construction Products.
The GB guidance covering the Low-Voltage Directive and Machinery Directives are found here:
Customs & Borders
The updated information for the UK Border is here:
Key points to note are that no facilitations are planned and all customs declarations will be on a “third-country” basis for both GB-EU and EU-GB trade. For the first 6 months of 2021 UK Customs are providing a derogation period for lodging declarations and payment of duties but these must be lodged and paid after that easement period. No such suspensions are provided for trade from GB to EU. Further Customs Declarations guidance is here:
Tariffs, Rules of Origin and other FTA issues
If an FTA is agreed between the UK and EU before January 2021, it is expected to be zero-tariff but the Rules of Origin and associated declaration requirements are unknown. Depending on the requirements, it may not be practicable for UK or EU businesses to certify or declare Origin of goods in time to qualify for preferential tariffs in January 2021.
Andrew Willman
BEAMA Director of Legal, Trade, Economics & Finance
