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What a disorderly Brexit means for product conformity assessments and marking

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Townsend Matthew
Matthew Townsend

Partner

London

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Goossens Fee
Fee Goossens

Counsel

Brussels

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15 March 2019

​In the EU, manufacturers of a wide variety of products can currently demonstrate compliance with essential EU requirements by having a so-called “notified body” carry out a product conformity assessment and affix a conformity marking (most commonly, the CE marking). These actions are often a pre-requisite to placing products on the EU market. If the EU and the UK do not reach a consensus on the withdrawal agreement 1 and the UK leaves the EU at 11 pm (GMT) on 29 March 2019 with no deal (i.e., a hard or disorderly Brexit), EU legislation will cease to apply to the UK and the UK will become a third country for trade purposes2 . Such a disorderly Brexit may have far reaching consequences for certain businesses, particularly those looking to place certain products on both the EU-27 and UK markets. 

This article discusses the consequences of a disorderly Brexit on product conformity assessments and conformity marking, and the immediate actions to be taken by businesses in light of recent guidance issued by the European Commission and the UK’s Department of Business, Energy and Industrial Strategy (BEIS).

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