Consideration of ETAs issued by UK TABs after 2020-12-31

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13/11/2020

Consideration of ETAs issued by UK TABs after December 31st

Scenario

For the time being, products covered by assessments or certificates issued in the United Kingdom can still be marketed in the European Union without restrictions. This will however change as of 1 January 2021 (unless a new agreement with the United Kingdom was concluded). Starting from 2021, the United Kingdom will be a third-country for the EU. Certificates and ETAs or markings in accordance with the Construction Products Regulation (CPR), which are linked to bodies/authorities in the UK, e.g. European Technical Assessment Bodies or Notified Bodies, will no longer be valid in the EU as of 1 January 2021.

Legal background

You will find below the information provided by the European Commission on UK ETAs after Brexit: “The Brexit notice on industrial products (available here: https://ec.europa.eu/info/sites/info/files/notice_to_stakeholders_industrial_products.pdf) clearly indicates that certificates must be under the responsibility of an EU body to be valid to demonstrate conformity for products placed on the market as of 1 January 2021. The notice includes the CPR in the annex of legislation covered by it.

See in particular footnote 16 of the notice, to the section on conformity assessment, which clearly indicates that: The legal consequences set out in this section also apply, mutatis mutandis, in relation to: (a) European Technical Assessments issued by Technical Assessment Bodies designated by the UK authorities under Regulation (EU) No 305/2011 of the European Parliament and of the Council of 9 March 2011 laying down harmonised conditions for the marketing of construction products and repealing Council Directive 89/106/EEC, OJ L 88, 4.4.2011, p.5.”

Practical consequences

- Will ETAs issued by UK TABs continue to be displayed on the EOTA Website?

All ETAs issued by a British TAB will lose their validity as per 1/1/2021. Consequently, they will disappear at that date from the EOTA website. However, the manufacturer may request the transfer of the ETA and, accordingly, an EU-based TAB may re-issue such ETA.

This means that:

• ETAs for which no transfer has been requested will no longer be displayed on the EOTA website.

• Based on such transfer, newly issued ETAs will be displayed under the name of the new EU-27-TAB.

- Will it be possible for manufacturers to continue CE marking their products indefinitely where the ETA has been issued (before Brexit) by a UK designated TAB, or will a new ETA need to be issued by an EU-27 TAB?

Only products placed on the EU market before 1 January 2021 can still be marketed until they reach their end user. Any product placed on the Union market after 1 January 2021 must be covered by an ETA issued by an EU TAB and CE marked in accordance with this ETA, as mentioned in our reply to the question above.

- How can I transfer UK ETAs to another EU TAB in EOTA?

EOTA Technial Board agreed on a simplified procedure for the transfer of UK ETAs to another TAB in September 2019. Please contact them:

https://www.eota.eu/en-GB/content/list-of-all-eota-members-for-searching-a-tab-please-see-page-eta-request/34/

The ETA and the related EAD shall still represent the technical state of the art, and there shall not be wishes of the manufacturer to have additional essential characteristics be covered. Alternatively, the manufacturer will have to request a new ETA to an EU-based TAB.

Some UK TABs have taken proactive measures to transfer all their ETAs to an EU-27-TAB. If you have not heard from your UK TAB yet, please get in touch with the UK TAB or the EU-27-TAB you would like to transfer to at your earliest convenience.