Disclaimer: These FAQ deal with placing construction products on the GB market and the EU market when manufactured on the respective other side. It is a summary of the provisions, but it is not comprehensive. You should rely on the provisions of the legislation in preference to what is summarised in this guidance.

What is the applicable legislation as regards circulation of construction products?

In European Union, EFTA countries and Northern Ireland it is Regulation (EU) No 305/2011 and all related Commission Decisions, Implementing and Delegated Regulations.

 

In England, Scotland and Wales it is UK Statutory Instruments 2019 No 465 and Amendment 2020 No 1359. The UK legal text is a transposition of the European Regulation along with Commission Decisions, Implementing and Delegated Regulations replacing, where mentioned, European institutions and bodies by the equivalent UK institutions and bodies.

Where can I find the list of standards related to the Regulations?

For the European market, the harmonised standards remain being the applicable EN standards for placing products on the market. The list of harmonised standards is published in the Official Journal of the European Union and is available on the dedicated website of the European Commission.

 

For the England, Scotland and Wales markets the relevant standards for placing products on the market are the designated standards. The list of designated standards is available on the website of the UK Government.

Are the list of harmonised standards (EU) and designated standards the same (UK)?

Yes, at present, the list of harmonised and designated standards is the same and the UK Government has established a system to adopt future harmonised standards as designated standards.

 

BSI remains being member of CEN/CENELEC and will continue developing and adopting European standards according to the obligations as a CEN member to keep technical consistency.

Will the regulations and the list of standards diverge in future?

Both regulatory frameworks may diverge in future, considering the potential revision of Regulation (EU) 305/211 in a near future and implications resulting from the UK Building Safety Bill currently drafted by the UK Government.

How are products placed on the market before 1st January 2021 affected?

Any product placed on the market in the European Union, EFTA countries, England, Scotland, Wales and Northern Ireland before this date can remain on the market in which they were placed without any additional requirement to those applicable before.

How are products placed on the England, Scotland and Wales markets bearing only the CE marking affected before 1st January 2022?

They can remain in the market without any additional requirements, in particular without needing to change the marking from CE to UKCA.

Can CE marked products be placed on the market in England, Scotland and Wales?

Yes, they can but only until the 31st December 2021. As off 1st January 2022, products placed on these markets will need to bear the UKCA mark according to UK Statutory Instruments 2019 No 465.

 

An exception to this rule is applicable to qualifying Northern Ireland goods. They can be placed on these markets if they bear the CE marking.

Can UKCA marked products be placed on the market in the European Union, EFTA countries and Northern Ireland?

No, they cannot. Products placed on the market in the EU or in EFTA countries must bear the CE mark according to Regulation (EU) 305/2011.

 

Products placed on the market in Northern Ireland must either bear the CE mark (if mandatory third-party tasks were performed by a EU based Notified Body) or the CE + UK (NI) marking (in case third-party tasks were performed by a UK based Approved Body).

Can products bear the CE marking and the UKCA mark?

Yes, provided the markings do not create confusion and that the information following the markings complies with the respective regulatory provisions.

What are qualifying Northern Ireland goods?

Northern Ireland qualifying goods are

  • products processed in Northern Ireland; or
  • goods present in Northern Ireland not subject to any customs supervision, restriction or control which does not arise from the goods being taken out of the territory of Northern Ireland or the European Union.

The complete legal definition is available in UK Statutory Instruments 2020 No 1454 but this definition may be revised by UK legislators

What information needs to be delivered following the UKCA mark?

The same information which is required to follow the CE marking except for the references to the Notified Bodies, which are replaced by the references to the Approved Bodies (when relevant) and to the European standards and EADs, which are replaced by the corresponding UK standards or UK AD.

How should economic operators, such as distributors based in England, Scotland and Wales purchasing products from EU act?

UK considers such economic operators as importers, who need to assume all relevant responsibilities (labelling on their name, applicable AVCP systems and any other requirement).

Do products placed on both markets need a separate Declaration of Performance (DoP)?

The UK Government accepts DoPs according to the European regulation provided the technical content is the same. This statement is valid before 1st of January 2022 if the products bear the CE marking and/or the UKCA mark and after 1st of January 2022 if the products bear the UKCA mark. The reference to the relevant Notified Bodies (EU) and Approved Bodies (UK) needs to be clearly separated.

 

Member States and EFTA countries will not accept DoP drafted according to the UK regulatory framework and may require a separate document in accordance with the CPR.

Can third party assessment results be used in the context of UKCA as well as CE marking?

No, they cannot. UK Government recognises and entitles Approved Bodies (AB) to perform third party tasks in England, Scotland and Wales. Although the tasks are equivalent to those of Notified Bodies (NB) in the EU and EFTA countries, the legitimation of ABs does not extend to the EU and EFTA countries just as the legitimation of NBs does not extend to England, Scotland and Wales.

 

Manufacturers marketing products in both areas for which the UKCA respectively the CE marking requires the involvement of a third party therefore need to contract both an AB and a NB to comply with the legal requirements applicable in both economic areas. This may include repeating tasks, unless the AB recognises the documentation and results of the NB or vice versa (one subcontracting parts of the tasks to the other). Both bodies need to issue own certificates, each valid only in the economic area for which the respective body was approved/notified.

Can assessment documents (certificates, test reports, ETA etc.) be transferred from Notified Bodies to Approval Bodies?

Certificates and test reports can be transferred before the end of the transition period and bodies on both sides are working on agreements to transfer these documents before end of 2021. As off 1st January 2022 manufacturers selling in both markets will however need separate certificates and test reports issued by bodies approved/notified under the respective regulatory framework.

 

European Technical Assessments (ETA) issued by UK Technical Assessment Bodies were removed from the EOTA database but they remain valid in the UK market until 1st January 2022 and will need to be transferred to a European TAB to be used in the European market.

Where can I find the list of Notified and Approved Bodies?

The list of Notified Bodies under Regulation (EU) No 305/2011 is available on the NANDO website. The list of Approved Bodies under UK Statutory Instruments 2019 No 465 is available in the UKMCAB database.

Will the EOTA route be transferred to the UK legislation?

UK Technical Assessment Bodies (UK TAB) are investigating setting up a system to oversee the development of UK Assessment Documents (UK AD) equivalent to European Assessment Documents (EAD). For the time being, the UK is negotiating with EOTA the use of existing EADs and future cooperation to establish a parallel system.

 

From 1st January 2022, CE marking will no longer be recognised in the UK. European manufacturers who currently CE mark based on an ETA issued according to an EAD drafted by EOTA and cited in the EU Official Journal will have to switch to affixing the UKCA marking, for which the technical and legal basis in the UK remains to be clarified.

Can European Technical Assessments (ETA) issued by European Technical Assessment Bodies (TAB) be used in England, Scotland and Wales?

In general, CE marked construction products can continue to be placed on the market in England, Scotland and Wales until end of 2021, consequently ETAs used to draw up the DoP can continue to be used until then. Ass off 1st January 2022, when construction products for these markets needs to be UK CA marked and where applicable a UK TA issued by a UK TAB will be required, as the ETA for the respective products that was issued by a TAB is no longer valid.

 

From 1st January 2022, manufacturers following the EOTA route and placing products in both markets will need to deal with the obligations of both regulations. These include the need of an ETA issued by a European TAB and a UK TA issued by a UK TAB, to CE mark and UK CA mark their products.

Will Brexit affect market surveillance?

Market surveillance is a national competence in the European Union, EFTA countries and UK. Member States and EFTA countries organise and operate their market surveillances duties individually. They coordinate their activities in an administrative cooperation group. UK is not expected to remain member of this group i.e. will no longer participate in the coordination but will remain operating its market surveillance individually.

Will UK and the European Union agree on a mutual recognition scheme for construction products?

It would be the perfect solution for the issues addressed afore, but it requires a common and aligned approach and a coordinated progress regarding the relevant regulatory framework, the common technical language as well as third party tasks.

 

Manufacturers urge UK Government and European Commission to negotiate a mutual recognition agreement as soon as possible to facilitate the trade of products between markets and to reduce the burden and costs resulting from the deviating current provisions.

Updated 21/04/2021 - Please contact us if you find any error on these questions.