Brexit - impact on construction industry

The transitional period is due to end on 31st December 2020 and all involved in the construction industry in all jurisdictions need to be aware of the consequences.

Following the withdrawal of the UK from the EU, it is important that all stakeholders are aware of the impacts this will have on the construction industry, particularly after the transition period which is due to end on 31st December 2020.

On 9th July 2020, the European Commission published a notice titled

Getting ready for changes - Communication on readiness at the end of the transition period between the European Union and the United Kingdom

to help authorities, businesses and citizens prepare. A sector specific notice with regard to Industrial Products, which includes construction products covered by the Construction Products Regulation, has also been published.

This updated notice provides guidance in three parts:

• · Part A - the legal situation as of the end of the transition period,

• · Part B - the relevant separation provisions of the Withdrawal Agreement, and

• · Part C - the rules applicable to Northern Ireland as of the end of the transition period.

It also outlines the general principles that will apply after 31st December 2020:

1. Manufacturers, distributors, importers, and authorised representatives must comply with their obligations and responsibilities under Regulation (EU) 305/2011 when placing a construction product on the EU market.

2. Both importers and authorised representatives must be established in the EU-27.

3. UK Notified Bodies will lose their status as EU Notified bodies at the end of the transition period. Manufacturers, distributors, importers, and authorised representatives of construction products will need to take the necessary steps to ensure that they hold certificates under the responsibility of an EU27 Notified Body to demonstrate compliance for products placed on the EU market post-Brexit. In practice, this means either

   1. arrange for a transfer of their files and the corresponding certificates from the UK ‘notified body’ (a ‘notified body’ registered in the UK) to an EU-27 ‘notified body’, or

   2. apply for a new certificate with an EU-27 ‘notified body’ Either step should be taken before the end of the transition period on 31st December 2020.
      

4. The UK Accreditation Service will cease to be a national accreditation body within the meaning and for the purposes of Regulation No 765/2008.

Guidance is also provided with regard to placing products on the market, with some examples included, and the rules applicable in Northern Ireland after the end of the transition period are specified.

All of this has significant implications for the construction industry and it is important that builders, engineers, architects, specifiers etc. are familiar with the guidance. For example, CE Markings and Declarations of Performance must be relevant and appropriate and be such that compliance with Building Regulations can be demonstrated. The relevant Construction Products Regulation should always be studied, and testing and notified bodies consulted with regard to compliance.

Our Quality Department at Evolusion has a team of construction industry CE marking experts who can advise on the implications and necessary actions to ensure compliance with the regulations post Brexit. All inquiries should be sent to James Duane, Quality Department Manager at duanej@evolusion.net .