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Brexit, CE Marking and the UKCA Mark


At this time the UK Parliment has not got a defined route agreed in respect to our relationship with Europe. There are however a number of scenarios that are possible. We will try and briefly outline some of the possibilities and solutions. Before you leave this page however, we saved the best bit until last so please read our bit at the bottom.

No deal.
If we crash out without an agreement then we will essentially be cast out. You will not need to do anything for goods that are sold on the UK market before 29 March 2019. These goods can continue to circulate in the UK as they do now without any changes to the marking requirements.
This means that any CE Mark an individual or organisation in the UK applies to a machine after the date will be treated like a Japanese or American machine. That isn’t the end of the world. It does have a significant impact on a certifying body. Your consultancy will have to have an agreement with a competitor in the EU to counter sign their Declarations or the customer will have to sign their own Declarations making that service much less valuable as significant responsibility lies with the signatory.

The manufacturer may appoint an authorised representative in the Community to act on his behalf in carrying out certain tasks required in the applicable directives. However, a manufacturer established outside the Community is not obliged to have an authorised representative as stated in Article 5 of 2006/42/EC and 3.2 of 1999_1282 of the European Commission. 
The Machinery Directive states that if you use a third party, they must be a legal and natural of the EEA. This is so we can be held responsible in the legal system. Unlike PPE where you must by law use a Notified body, you do not have to use a third party for general machinery. When we Brexit, the UK will no longer be a member of the EEA.
​The manufacturer can place themselves as the signatory and you sign it yourself. It is just as valid as your consultants Declaration. The only difference is that you cannot name a third party in the UK as an “Authorised representative”.

The UK will have its own equivalent of CE Marking, it is called “United Kingdom Conformity Assessment” or the UK Mark. It’s the same as CE, just a name change until the politicians decide to meddle.

Q. I have CE Marked a machine recently that I am using in my own factory, do I have to re-CE or UK Mark this item?
A. No, the certification done at the time is sufficient. 
Q. I sell machinery and have had it CE Marked by a third party consultancy. Will I their Certificate be valid?
A. Declarations of Conformity provided in the UK by a third party will only be valid for the equipment that was provided for use before the date we leave the EU. Equipment provided after this date will either have to bear a UK Mark if used in the UK or a CE Mark if used in Europe. If you had a third party provide you with the CE Mark and that third party was based in the UK, that Declaration of Conformity will not be valid.

If we manage to get a deal.
Well, this is more complicated but simpler to implement. I’m not expecting to make any sense here, don’t worry.
There are a number of levels of harmonisation with the EU that is possible. These range from alignment, where we carry on working to the same set of rules through to partial Mutual Recognition.
In the case of alignment, we carry on CE Marking as before to the EU Directives with the only significant change is that the UK will have zero say in the content of those Directives. We will have to make and certify goods to their standards which will give the EU a potential advantage over the UK manufacturers.
In the case of mutual recognition, it’s a complete mystery what could be put in place.

What can MSCS Ltd do to help?
Well we are busy little bees here at MSCS. We will shortly be opening our office in the Hague in the Netherlands. This means that we will be able to provide Declarations of Conformity to all applicable Directives which are valid throughout the European Economic Area for your equipment. The Authorised Representative will be a legal and natural of the EU and will be under our corporate insurance (£10m).
1. If you have a current CE Mark from us for existing equipment and are currently using that equipment in the UK then you have nothing to do.
2. If you have a current CE Mark from us and selling those machines as a series in the UK, then from Brexit you will require a UKCA (UK Mark) Declaration of Conformity (DoC).
3. If you have a current CE Mark from us and selling those machines as a series in Europe, then from Brexit you can get us to issue a new Declaration of Conformity from our Hague office. There is a small charge for the transfer of the Technical Construction File to the Hague and the issue of a new DoC.

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