Further to the withdrawal of the United Kingdom from the European Union, the European Commission published a notice on 9th of July 2020 to help national authorities, businesses and citizens prepare for the inevitable changes that will arise at the end of the transition period here. Also available at this link are sector specific Brexit readiness notices. In particular, the Commission has published a Notice to Stakeholders – Withdrawal of the United Kingdom and EU Rules in the Field of Industrial products.
The notice gives guidance to stakeholders in relation to Industrial Products, including construction products covered by the Construction Products Regulation (EU) No 305/2011, and aims to support stakeholders in dealing with the consequences of the end of the transition period on 31st December 2020.
This notice is an update of the preparedness notice the Commission published in January 2018, and the questions and answers document it published in February 2019], during the Article 50 negotiations with the United Kingdom. The guidance in the notice is set out in three parts
It is essential that all stakeholders are aware of the implications, and are ready for the changes, which will arise regardless of the outcome of negotiations between the European Union and the United Kingdom. There is no room or time for complacency.
The notice reiterates the general principles that after the 31 December 2020:
Manufacturers, distributors, importers and authorised representatives of construction products will need to take the necessary steps to ensure that they hold certificates under the responsibility of an EU27 Notified Body to demonstrate compliance for products placed on the EU market post-Brexit. In practice, this means either
In addition, the notice provides examples of how “placing on the market” can be demonstrated in the period around the 31 December 2020.
Finally, the notice provides clarity on the rules that apply in and to Northern Ireland in accordance with the Protocol on Ireland/Northern Ireland (Article 185 of the Withdrawal Agreement).
It is important that builders, specifiers, designers, certifiers etc., are aware of the guidance and changes above. They should ensure that the CE Marking/ Declaration of Performance and relevant product-related documentation is appropriate to demonstrate and ensure compliance with the Building Regulations.
Further information on the compliance with the Construction Products Regulation is available here.
Further information on the implications of Brexit is available here.
The Department of Housing, Planning and Local Government is responsible for policy and regulation of building standards, including implementation of the Construction Production Regulation. The Department is the Notifying Authority for construction products covered by Construction Products Regulation (EU) No 305/2011 and in this respect, is actively assessing applications from bodies seeking to become Notified Bodies in Ireland. The ‘Nando’ EU commission website provides the full listing of all current European wide Notified Bodies here.
Further information on the impacts of Brexit on standards and certification is available from the National Standards Authority of Ireland, and is available here.