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 until further notice and
if this
situation changes, a two year transition period will be given
[Note:previous guidance stated that CE marking recognition was going to
end
June 2025]
Should UK CA marking be desired, guidance on
the Government website outlines steps businesses need to take.
·
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.
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 & CE Marking
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.
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
[EUDR from 2026 in Southern Ireland – yet to be confirmed for
Northern]
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 14/2023