News article

Brexit: Placing manufactured goods on the UK market in a no-deal Brexit

1 October 2019


How to comply with regulations on manufactured goods you place on the UK market after exit day if there is no deal

You need to take action now to check:

  • which conformity marking you will need to use
  • whether you will need to appoint an authorised representative or responsible person in the UK
  • whether your legal responsibilities will be changing
  • if you will meet the assessment requirements, if you are exporting goods from non-EU / EEA countries to the UK

Your business sector
You must follow special rules if you’re placing goods on the UK market in the following sectors:

Conformity marking your goods
The UKCA (UK Conformity Assessed) marking is a new UK product marking that will be used for certain goods being placed on the UK market if there’s a no-deal Brexit. Find out how and when to use the UKCA marking.

You will still be able to use the CE marking for products being placed on the UK market in some instances. The CE marking will only be accepted in the UK for a time-limited period. The government will consult and give businesses notice before this period ends. Find out how and when you can use the CE marking.

Appointing an authorised or responsible person in the UK
If you are placing goods on the UK market you can continue using any existing authorised representative based in the UK, EUEEA or Switzerland and Turkey and they will be recognised by the UK.

If you need to appoint a new authorised representative to put your goods on the market after Brexit, the new authorised representative will need to be based in the UK.

If you are placing cosmetic goods on the UK market, you will need to have a responsible person based in the UK after Brexit.

If authorised representatives are not mandatory for third-country manufacturers, you do not need to do anything.

Checking whether your legal responsibilities are changing
If you are a manufacturer your legal obligations will remain largely unchanged after Brexit.

If you are currently a UK distributor, you need to confirm whether you or your supplier will become an ‘importer’ once the UK leaves the EU. This will usually be the case if you are the one bringing goods into the UK from the EUEEA or Switzerland, and want to put them on the UK market after Brexit.

If you are becoming an ‘importer’ you will need to ensure you understand your legal obligations. You will need to make sure:

  • goods are labelled with your company’s details, including your company’s name and a contact address (for 18 months after Brexit you can provide these details on the accompanying documentation rather than on the good itself)
  • the correct conformity assessment procedures have been carried out and that any good you import carries the correct conformity markings
  • the manufacturer has drawn up the correct technical documentation and complied with their labelling requirements
  • you maintain a copy of the declaration of conformity for a period of 10 years
  • you do not place a good you import on the market if you have reason to believe it does not conform with the relevant essential requirements

Exporting goods from non-EU countries
If you are exporting goods that need third-party conformity assessment from a non-EU country.

You can meet your requirements for goods assessment in three ways:

1. You can have your goods assessed by a UK approved body, allowing them to be placed on the UK market. These goods will require the UKCA marking.

2. You can have your goods assessed by an EU or EEA notified body, so they can be placed on the EU internal market and the UK market for a limited time. These goods will require the CE marking.

3. You can have your goods assessed against EU requirements by using designated conformity assessment bodies for a limited time. The bodies need to be based in countries that have previously concluded mutual recognition arrangements in relation to conformity assessment with the EU. The countries covered are:

  • Australia
  • New Zealand
  • Canada 
  • USA
  • Japan
  • Switzerland
  • Turkey
  • South Korea
  • Israel

Read more about existing trade agreements if the UK leaves the EU without a deal.