FAQ: Companies and industrial products

Do you have any involvement the Brexit on industrial products?

Yes, without prejudice to the transitional provisions that might be contained in the arrangement in the form of withdrawal from the date of withdrawal (30 march 2019) will cease to apply to the united kingdom the rules of the union in the field of non-food products and non-agricultural products for use by consumers and professionals.

As a result, from the date of withdrawal, the United Kingdom should be considered, for the purposes of the above-mentioned harmonized legislation, as a third country. You can consult the rules applicable to products from third countries in theBlue 'Guide on the implementation of the european regulations concerning products (relevant text for the purposes of the eea).

What products are affected?

The products enter the market of the europe of 27 (‘ UE-27 ') from the date of withdrawal of the united kingdom (30/03/2019). You can consult the indicative list of products involved in the annex to the Communication with stakeholders in the european commission on the withdrawal of the united kingdom and european union regulations in manufacturing. (provides as a document of interest).

The concept of “ onto the market ” refers to each individual product, not a type of products, whether it has manufactured as a unit individually or in series. Refers to the first put back on the market in the european (UE-27), that is, the first provision of an asset for distribution, consumption or use after the stage of manufacture.

What are the consequences for the economic operators referred to in the harmonized legislation on industrial products?

From the date of withdrawal, a manufacturer or importer established the united kingdom will no longer be seen as an economic actor established in the union. Therefore, an economic actor established the UE-27 that, before the date of withdrawal, was considered a distributor of the eu will become from the date of withdrawal, for the purposes of the union's legislation on products, an importer that introduces products from a third country in the market of UE-27. This will have to keep to the specific obligations of an importer, which are different from those of a dealer.

You can consult the obligations of economic agents in chapter 3Blue 'Guide on the implementation of the european regulations concerning products (relevant text for the purposes of the eea).

How does the Brexit to the conformity assessment products?

From the date of withdrawal, (30/03/2019), distributors of a product that is placed on the EU-27 market from the UK, will be considered as importers, assuming all the obligations that the harmonized legislation confers to this agent. Also, when required, the product information must be updated to reflect the contact details of the importer and/or the manufacturer's representative in the EU-27. In addition, if the assessment of the product's conformity with industrial safety provisions requires the intervention of a Notified Body, certificates of conformity issued by British Bodies must be updated, even if such certificates of conformity were issued before the date of withdrawal. In this case, a new certificate of conformity must be issued by an EU-27 Notified Body in order to continue to be marketed. However, it is possible to transfer the certificate of conformity from the British Body to an EU-27 Notified Body, with the latter assuming full responsibility for it and provided that this contractual agreement takes place before the date of withdrawal. In the case of approval of vehicles, components and separate technical units, the validation of approvals granted by the United Kingdom is regulated in EU Regulation 2019/26.

I am a manufacturer of a product for which the certificate of conformity has been transferred from one agency notified of the united kingdom to a notification of the agency UE-27. Is It necessary to update the declaration of conformity of the eu and the certificate of the agency reported to document this change?

YES, for products sold in the market of UE-27 after the date of withdrawal, both the declaration of conformity of the eu (developed by the manufacturer) as the certificate of the agency reported must be updated accordingly; these documents should mention that the certificate is now under the responsibility of a notification of the agency UE-27 must indicate the numbers of former agency of the United Kingdom and the new agency UE-27 reported.

If the product is in the market, you can stay with no british agency next to the CE marking if it has been produced or put on the market before the transfer of certificates. However, the products made after the transfer of certificates must update their marking, referring to the number of the new agency reported.

Are type approvals granted by the United Kingdom to vehicles, systems, components or separate technical units still valid?

The union's legislation on the type-approval will no longer apply to and the united Kingdom, from the date of withdrawal.

Every manufacturer a type-approval of the united kingdom which has not ceased to be valid under article 17 of directive 2007/46/ec, article 32 of the rules of procedure (EU) no. 167/2013, rule 37 of the rules of procedure (EU) no. 168/2013 or article 30 of the rules (EU) 2016/1628 may portray authority of the type-approval of the union a request of the type-approval of the same type, before the date of withdrawal.

To be authorised, the type must meet at least the requirements for the introduction in the market, registration or commissioning of new vehicles, systems, components or independent technical units effect at the date on which the effect of type-approval of the union.

The manufacturer shall be required to pay rates, established by the authority of the type-approval of the union, for any resulting cost of the exercise of powers and the implementation of the obligations of the authority of the type-approval of the union in relation to the type-approval of the union.

What is the state from the date of withdrawal of accreditation certificates issued by the service of accreditation of the united kingdom (UKAS TESTING)?

The Service of accreditation of the united kingdom will remain a national accreditation agency within the meaning and effect of the unmik regulation no. 765/2008 from the date of withdrawal. As a result, their certificates of accreditation is no longer regarded as "accreditation" within the meaning of Regulation no. 765/2008 and no longer valid or will not be recognized in the UE-27 in accordance with the regulations on the date of withdrawal.

Would It Mean the movement of highly skilled workers?

The presence of a large number of British citizens living in Spain (approx. 300,000) and Spanish citizens (approx. 200,000) residing in the United Kingdom may raise problems of residence permits and development of activity. On this point the Government is actively working to minimize the impact and guarantee the acquired rights of Spanish and British citizens on the basis of reciprocity. RD..../2019 contemplates the coverage to be given to these situations. However, it is to be expected that in the medium and long term there will be movements of highly qualified workers to and from other member states that do not have limitations on their movements.