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and importers can place goods on the GB market lawfully bearing the CE marking where they have been assessed by an EU recognised notified body (where required), for a further 12 months from the end of the transition period. The UK is publishing a list of references to designated standards. These have the same function as EU harmonised standards and give a presumption of conformity to legal requirements. As at 1 January 2021, these designated standards will be the same as EU harmonised standards. From 1 January 2021, the role and responsibilities of the manufacturer will be unchanged. However, some UK businesses which bring products into Great Britain from an EEA State (or Switzerland) and who were previously “distributors” from 1 January 2021 become “importers” acquiring new legal duties, including complying with an enhanced set of requirements to check product compliance as well as to keep documentation and ensure their address appears on the product. There is a 24-month transitional period for these “new” importers during which they can put their details on documentation accompanying the product, rather than on the product itself. The same will apply to imports from Switzerland for certain products, for the same 24-month period.
GB market after 1 January 2021. Products that can be placed on the market in Northern Ireland in accordance with the legislation, as it applies to Northern Ireland, can be sold in the rest of the UK without any additional approvals. This means that, under certain conditions, products that are qualifying Northern Ireland goods can be sold in the rest of the UK. From 1 January 2021, UK notified bodies automatically become UK approved bodies. This means they can carry out conformity assessment of products for the GB market, and if the assessment is successful products can be UKCA marked. The EU does not recognise conformity assessment by UK approved bodies for the purposes of CE marking and placing on the EEA market. However, conformity assessment by a UK body is recognised for the purposes of the NI market, in which case the product should be marked ‘CE’ and ‘UKNI’. Mandated authorised representatives for the GB market can be based in GB or Northern Ireland but after 1 January 2021 cannot be based outside the UK. The guidance document includes useful tables that identify, for each individual piece of legislation, the main changes that will be implemented from 1 January 2021. ■
but labelling or notification requirements may have changed. There is a new UK Conformity Assessed marking (“UKCA”) which should be used for products placed on the GB market as soon as possible and at the latest for any product placed on the market after 31 December 2021. The UK continues to recognise goods that meet EU requirements, including assessment by EU recognised notified bodies and CE marking, for goods placed on the GB market until 31 December 2021. This means that manufacturers
The UK government has committed to providing
unfettered access for qualifying Northern Ireland goods to the
Plant Planet • FEBRUARY 2021 • 25
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