Brexit presents CE marking and notified bodies with a huge challenge. The European commission has published, at length, a set of guidance documents to help economic operators and notified body understand the implications of Brexit on their business.
First of all the current ‘Withdrawal agreement` means that current EU law applies entirely to the UK until December 31st 2020. This period is designed to allow sufficient time for negotiations over a definitive deal. After the end of this period, the UK will become a third country. This is important because it means that individuals or companies bringing boats from the UK to the EEA market automatically become formally qualified as importers (as described in the applicable directive and decision 768/2008/EC) and need to take responsibility for the compliance of products.
UK notified bodies will cease to exist at the end of the transition period, however, it must be noted that many have made other arrangements such as moving their legal entity to Ireland or the Netherlands meaning that their clients will not experience much change in an operational sense. If this is the case the `new` notified body will also have taken over existing EC type certificates meaning they are still valid.
Products brought on to the market before the end of the transition period will continue to be allowed for free circulation. The commission has provided further guidance on what specifically constitutes placing on the market and when a product is/isn’t eligible for free circulation. Special rules apply for Northern Ireland in accordance with the `IE/NI` Protocol. This protocol further aligns Northern Ireland to the EU legislation to avoid a hard border.
The EU page with information specific to the recreational craft sector can be found here:
You can read the full EU document providing: https://ec.europa.eu/info/sites/info/files/notice_to_stakeholders_industrial_products.pdf
The EU page for information on Brexit can be found here: https://ec.europa.eu/growth/content/brexit-%E2%80%93-guidance-stakeholders-impact-field-industrial-products_en
Recreational craft FAQ's
Yes, this vessel is on the market in as far as EU legislation is concerned
Yes, it has been brought onto the market and has CE certification and can thus be brought back to the EEA market. RCD 2013/53/EU provides no procedure for taking a craft off the market.
After the transition period, these certificates will no longer be valid as the UK notified body will cease to exist. They must be transferred to a notified body in the EEA area.
There might be when a new deal is announced. We will keep this page updated on the progress of this deal and attempt to align ourselves with new UK legislation