Questions and Answers for Selling Machinery / Equipment or Goods on the EU Single Market after Brexit
1. I am bringing products into Ireland from the UK at present. What are the implications for my business after 29th March 2019?
At present you are considered a distributor. This applies whether the product was manufactured in the UK or imported into the UK from a third country. After Brexit you are considered an importer regardless of the origin of the product as the UK is now a third country.
2. I am an Irish Manufacturer selling my products in the UK. What are the implications for my business after 29th March 2019?
The UK will no longer be a member of the European Union after March 29th and therefore any Irish company selling products into the UK Market will need to contact the relevant UK Authorities to identify any obligations arising.
3. I am an Irish Manufacturer who uses the services of a Notified Body based in the UK to carry out the conformity assessment of my product (s). What are the implications for my business after 29th March 2019?
The UK Notified Body will cease to act as a Notified Body after the 29th March 2019. Any certificates or type approvals you have will no longer be valid for products being placed on the market after the withdrawal date. You should make arrangements with another EU based Notified Body to oversee your conformity assessment. The EU Notified Body will decide on what level of repetition of assessment is required on foot of such a move.
4. I am an Irish Manufacturer who uses a quality system approved by a UK Notified Body that allows me to issue Declarations of Conformity, what are the implications for my business after 29th March 2019?
If you have a quality system, for conformity assessment of your product(s) for example Passenger and/or Goods Lifts, that is overseen & certified by UK Notified Body. You will require a new certificate from an EU 27 Notified Body before you can issue any further Declaration of Conformity for that product if first placed on the EU market , manufactured or put into service after 29 Mar 2019.
5. I am a distributor of products coming from the UK but originating from outside the EU. What are the implications for my business after 29th March 2019?
Before the 29th March 2019 you are a distributor. After 29th March 2019 you will become an importer.
6. I am an importer of products coming from a third country that rely on type examination certificates or quality systems overseen by a UK Notified Body. What are the implications for my business after 29th March 2019?
After Brexit these certificates will no longer be valid. You should contact the manufacturer and inform them that they are now required to obtain a new certificate from an EU 27 Notified Body. The manufacturer may have already made arrangements in this regard. You are advised not to import any products until the conformity assessment procedures for these products are updated.
7. After Brexit, what will be the position of second hand products entering Ireland from the UK, where they were originally CE marked and in compliance
After Brexit the UK will be outside the EU. In general, union harmonisation legislation does not apply to the placing on the market of used or second hand product. In Ireland the putting into service and use of second hand product for professional use is subject to the Health, Safety and Welfare at Work (General Application ) Regulations S.I. 299 of 2007 Part 4 Use of Work Equipment.
There is one exception to this general rule. The Machinery Directive applies to used or second-hand machinery that was first made available with a view to distribution or use outside the EU when it is subsequently placed on the market or put into service for the first time in the EU. The person responsible for placing on the market or putting into service such used machinery for the first time in the EU, whether he is the manufacturer, importer, distributor or the user himself, must fulfil all the obligations set out in the Directive.
Note: A second hand product arriving in Ireland from the UK after Brexit may have been first placed on the market of some other Member State prior to Brexit or some other time in the past.
It is advised to contact the Authority for advice on your specific case.
7. Further Information
Contact the Authority at firstname.lastname@example.org
The Authority website - www.hsa.ie/Brexit
The Irish National Accreditation Board (INAB) – www.inab.ie
Useful web sites: https://www.cen.eu/ https://www.cenelec.eu/