Brexit – Implications for Economic Operators in relation to Construction Products and CE Markings

Hubert Fitzpatrick, Director, Housing, Planning & Development, CIF advises on the best ways to combat the potential impact of Brexit on construction products  

As we approach a possible hard Brexit, industry must be aware of the potential impact for construction products which rely on a UK Notified Body Status and the fact that they may no longer comply with the Construction Products Regulations. This could cause serious difficulties for members under BCAR as certification for compliance with the Construction Products Regulations may not be available. 

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

The EU Commission has confirmed that UK Notified Bodies will lose their status as EU Notified bodies when the UK leaves the EU.

As a result, 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 arranging for a transfer of certificates from a UK notified body to an EU27 Notified Body or applying for a new certificate with an EU27 Notified Body.

Builders, specifiers, designers etc., should be aware of the changes above. They should ensure that the CE Marking/ Declaration of Performance and relevant product-related documentation is appropriate to demonstrate and ensure compliance with the Building Regulations.

Further information on the compliance with the Construction Products Regulation is available at the following link:

https://www.housing.gov.ie/housing/building-standards/construction-products-regulation/construction-products-regulation

The Department of Housing, Planning and Local Government is responsible for policy and regulation of building standards, including implementation of the Construction Products Regulations. The Department is the Notifying Authority for construction products covered by Construction Products Regulation (EU) No 305/2011 and in this respect, is actively assessing applications from bodies seeking to become Notified Bodies in Ireland.

In the meantime, the following course of action is recommended to Members:

1. You should liaise with your design and construction teams to ensure that all relevant construction products to be procured can be procured from an entity with a certificate under the responsibility of an EU27 Notified Body; and
2. You should also liaise with your direct suppliers to ensure that they only supply you with products where they hold certificates under the responsibility of an EU27 Notified Body.

Hubert Fitzpatrick, Director, Housing, Planning & Development, CIF