What changes to export to the EU will change at the end of the transition period?
UK companies which operate in highly regulated industries or frameworks such as consumer goods, construction equipment, pharmaceuticals and aviation, will need the correct EU authorisations to continue supplying goods and services to the EU.
Will accreditation of Conformity Testing Bodies change?
From January 2021, most conformity assessment bodies will automatically have their status converted, and will continue to be valid in Great Britain. Further guidance on how Notified Bodies will be impacted, can be found here.
A new UK database will replace the EU’s NANDO (New Approach Notified and Designated Organisations) system, which will have further details published in due course. The new UK legal framework and the technical requirements for becoming a UK approved body or a UK-recognised RTPO, UI or TAB will be broadly the same as they are now.
UK conformity assessment bodies will no longer be able to carry out mandatory conformity assessment for products being placed on the EU market unless this is agreed in the ongoing negotiations.
Current guidance on notified body accreditation can be found via UKAS (United Kingdom Accreditation Service), which covers notifications under both EU and UK regulations.
UK approved bodies will still be applicable to Northern Ireland.
Will companies face barriers for placing new goods on the market?
A range of new measures are set to come into place, however, most firms will have until the end of 2021 to make any changes needed.
CE mark – UKCA mark
The new UKCA mark will replace the CE mark on products in Great Britain, and covers most goods which previously required CE marking.
The CE mark will still be accepted in the UK, on most products, until 1 January 2022, as explained . There are exceptions to this for .
UKCA will not be recognised on goods sold in the EU – which will continue to require the CE mark. This also applies to products placed on the market in Northern Ireland, which will require either a CE mark, or UK (NI) marking. Further details on this can be found here.
UK REACH, the UK’s independent chemicals regulatory framework, starts on 1 January 2021.
EU REACH registrations held by UK-based companies will carry across directly into UK REACH, legally ‘grandfathering’ the registrations into the new regime. Firms will have to complete this process within two, four, or six years dependent upon their Tonnage Band Deadlines.
UK downstream users (who do not hold an EU REACH registration) currently importing chemicals from an EU/EEA country need to ensure the substances they purchase are covered by a valid UK REACH registration.
Further guidance on UK REACH can be found here.
Could regulated goods and services be prevented from entering the EU?
While the UK has looked to broadly replicate the current processes for regulated sectors, the EU has offered very little of its own mitigating measures. If regulated goods providers in the UK fail to take necessary steps, there is a risk of goods being seized or refused entry to the EU.
This also applies to services, including aviation. Should the UK no longer be a participant of the EU Aviation Safety Agency (EASA), the Civil Aviation Authority (CAA) have provided further information on what changes would be required to continue operating.
Other sectors, including broadcasting, have new guidance about continuity of service from January 2021, which can be found here. As a broadcaster, you will still need to review your current licence to ensure you have the right to broadcast in EU countries.
At the end of the transition period, both the Audiovisual Media Services Directive and the ‘country of origin principle’ will no longer apply to services under UK jurisdiction broadcast into the EU. However, the European Convention on Transfrontier Television framework will still apply. Read more about what this means for broadcasting services on gov.uk.
Preparation by hauliers and traders in all areas will be needed during 2020, as the current rules will change for road haulage movements from 1 January 2021. Find more information on operator licenses and permits for international road haulage on gov.uk.
The end of the transition period will also impact energy services and climate change requirements. Read more information about changes to cross-border trading and supply of electricity from 1 January 2021 on gov.uk. For information about the EU Emissions Trading System (EU ETS) and the surrender deadline for 2020 emissions here.