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UPDATE: I’m sure you are now aware of the latest developments around Brexit and the Withdrawal Agreement that the UK Government has agreed with the European Union. At the time of writing (22nd October) the UK parliament is debating the Withdrawal Act that will legally implement the Withdrawal Agreement. We look at this Act may affect your CE Marking Obligations

The Key Section of the Act is Section 2(2) which states EU-derived domestic legislation, as it has effect in domestic law immediately before exit day, continues to have effect in domestic law on and after exit day […]”. This is complimented by Section 2(4) which adds “Any EU-derived domestic legislation which is an enactment passed or made on or after exit day and before IP [Implementation Period] completion day is, unless the contrary intention appears, to be read in accordance with subsection (3)”.

The effect of this legislation is that if the Act is passed into law, current CE Marking legislation whether in the form of UK legislation (Directives) or directly imposed EU law (Regulations) will continue to be law in the UK until the end of the Implementation Period (The period during which the two parties have agreed to negotiate a Trade Agreement ending in December 2020). Therefore your obligations as Manufacturers, Importers or Distributors will not change until that time.

The provisions made within the Act for the period following the Implementation period are a default position only and implantable only if a Trade Agreement is not reached in that time.

The CE Marking Association will continue to follow the Brexit process and consider its effects on CE Marking for UK Manufacturers; we will publish updates as they become available however if you wish to discuss any topics related to CE Marking, then please get in contact.

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