Brexit Information

 Practical guide for wood-based panels to:
1. CE & UK CA marking
2. EU Timber Regulation (EU TR) & UK Timber Regulation (UK TR)

 

1. CE/UK CA marking

From 1 January 2021, the EU will no longer recognise UK notified bodies (NB), which means the UK needs to adopt a new product labelling recognition.

Products with the CE mark can continue to be sold and distributed across the UK, but firms will need to prepare for changes which will take effect from 30th June 2025, when the CE mark will no longer be recognised in Great Britain (England, Scotland and Wales). [Note:previous guidance stated that businesses had until 2023 to permanently/directly affix to the construction product. This has changed and the date for permanent/direct affixing has no transition period for construction products]

Guidance has now been published which outlines steps businesses need to take to transfer CE marked goods to become UK CA marked.

·         CE mark and UK CA marks will contain the same information (as per Art 9.2 of the EU Construction Products Regulations) except:

o   one will have a UK CA symbol and the other will have a CE symbol (symbol can be obtained from the EU and UK websites)

o   The UK CA marking will have the year of first affixing e.g. “21” whereas the CE marking will have the same year as is currently on the marking.

o   The UK CA marking will have a different DoP number on it compared with the CE marking

o   Where a UK Approved Body (UK AB) or EU Notified Body (NB) is used their number will need to go on the respective marking

However where both marks are used, each marking in its entirety (symbol and associated text), where used, must be distinctly separate from each other, so as not to mislead.

When can UK CA marked product be placed on the market?

·         Product with UK CA marking should not have been placed on the market before 1 st Jan 2021. Where a UK AB is involved e.g. structural products or fire tested and/or fire treated, these should not be placed on the market with UK CA marking until they have been assessed and a certificate issued by the UK AB. [Note: they can still be CE marked and placed on the GB market until 30th June 2025)

Which regulation in which country?

·         The EU Construction Products Regulations have been adopted by GB and made into UK law, therefore the same requirements are in place but applied to GB in the same way that they are applied to the EU (Northern Ireland is the exception as it uses the EU laws due to the Winsor Framework).

o    Republic and Northern Ireland = CE marking [note: if you have received a new EU NB number this must be changed with immediate effect on the marking and DoP]

o   GB = UK CA marking (only mark allowable in GB after 30th June 2025)

o   Northern Ireland products exported to GB = no further requirements i.e. can be CE marked.

UK CA / CE Declarations of performance

·          Declarations of performance must be produced separately for CE marking and UK CA marking. The documents may have the same technical information about the product but where applicable the GB version will have the Approved Body’s (UK AB) number (and titled accordingly) and the EU version will have the Notified Body (NB) number, instead of ‘Harmonised standard’ the GB version should state ‘Designated standard’ and they will also have to attest to meeting different legislation.

o   EU version : “This declaration of performance is issued, in accordance with regulation (EU) No 305/2011, under the sole responsibility of the manufacturer identified above.”

o   GB version: “ This declaration of performance is issued, in accordance with Regulation (EU) No 305/2011 as it has effect in the United Kingdom in respect of Great Britain, under the sole responsibility of the manufacturer identified above. ”

Approved bodies

(list found on UK Government conformity assessment body list (CAB)https://www.gov.uk/uk-market-conformity-assessment-bodies)

·         UK ABs will operate from the 1 st January 2021 and will automatically gain their UK AB status if they were a NB before this date. 

o   The UK AB number will be the same as their NB number that they had before Jan 2021.

Who is the the person that places the product on the GB market?

·         The person who places the product on the GB market will be a GB business (unless it has come from Northern Ireland where it can be placed on the GB market without any further checks or requirements), the person who first places the product on the market will have certain requirements under the legislation (see legislation for details of the requirements).

o   The ‘placer’ in GB can be identified as follows:

§  Product imported to GB - The importer i.e. the GB company who’s EORI number and VAT number are on the customs forms.

§  Inside GB – the ‘placer’ is the same as it is currently under the EU legislation(s) but it relates to the GB regulation(s) rather than the EU regulation(s) that it is a copy of.

·          e.g. Wood based panel manufacturer is the first placer of the UK CA marked panel product. [note:stock made and CE certified by a UK NB before Jan 2021 can be placed on the GB market but not the EU market]

Historic AVCP 3 (fire testing for untreated wood-based panels)

The UK government had previously said that it would accept historic fire test data for wood-based panels carried out by EU Notified Bodies but will not accept EU testing for UK CA marking purposes after 31st December 2022. However with the extension of the acceptance of CE marking until 30th June 2025 this measure will not be in place as businesses have time to retest to meet UKCA marking requirements.

Having said this the UK Government have also said that they will not prosecute manufacturers until further notice using test data for AVCP3 complince if the testing was carried out by an EU notified body before 31 December 2022 "..the Office for Product Safety and Standards (OPSS) will not take enforcement action against any economic actor solely where the UKCA mark has been used on construction products tested by an EU recognised notified body for the purposes of CE marking, where this testing was done before 31 December 2022." 

Further Information:

GB CPR full text incorporating all amendments: https://www.legislation.gov.uk/eur/2011/305/contents

  https://www.legislation.gov.uk/uksi/2019/465/made

https://www.legislation.gov.uk/uksi/2020/1359/contents/made

https://www.gov.uk/guidance/using-the-ukca-mark-from-1-january-2021

https://www.gov.uk/guidance/eu-construction-products-regulation-and-ce-marking-including-uk-product-contact-point-for-construction-products

https://www.gov.uk/guidance/placing-manufactured-goods-on-the-market-in-great-britain-from-1-january-2021

https://www.gov.uk/guidance/construction-products-regulation-in-great-britain?utm_medium=email&utm_campaign=govuk-notifications&utm_source=acd67d1e-45e5-4f0c-81c9-3c59d07cbbd5&utm_content=daily

https://www.gov.uk/guidance/construction-products-regulation-in-northern-ireland?utm_medium=email&utm_campaign=govuk-notifications&utm_source=8c98ec67-64ff-4db4-ac64-148f1e97b5d8&utm_content=daily

2. UK Timber Regulation (UK TR)

The EU Timber Regulations (EU TR) have been adopted by GB and made into UK law, this means the same requirements are in place but applied to GB in the same way they are applied to the EU. (Northern Ireland is the exception as it uses the EU laws due to the Windsor Framework). 

The UK TR will apply from the 1st January 2021.

·         Which regulations in which country?

o   Southern and Northern Ireland = EUTR

o   GB = UKTR

o   Northern Ireland products exported to GB = no further requirements i.e. no due diligence requirements under UK TR.

Who is the ‘Operator’ or ‘first placer’ on the GB market?

·         The person who first places the product on the GB market (the Operator) will be a GB business (unless it has come from Northern Ireland where it can be placed on the GB market without any further checks or requirements), and will have certain requirements under the legislation (see legislation for details of the requirements).

o   The Operator in GB can be identified as follows:

§  Product imported to GB - The importer i.e. the GB company who’s EORI number and VAT number are on the customs forms.

§  Inside GB – the operator is the same as it is currently under the EU Timber Regulation but it relates to the GB regulation rather than the EU regulation that it is a copy of.

·          E.g. The new owner of the standing timber that they fell is the Operator in relation to the Timber Regulations of the wood that is subsequently sold for the production of panel products. [note:the panel producer will therefore be a Trader in this scenario but under the UK regulation as opposed to the EU legislation after January 2021]

Further information:

https://www.gov.uk/guidance/trading-timber-imports-and-exports-from-1-january-2021

https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32010R0995&from=EN

Date 14/07/2023