Over the weekend, both the European Commission and the UK authorities have made announcement relevant for toys in case of a possible ‘no-deal Brexit’ on 30 March 2019 at 00:00h (CET) (withdrawal date) (only relevant in case of a ‘no-deal Brexit’). A ‘no-deal-Brexit’ would mean no ratified withdrawal agreement and no transition period. Please find below the latest information we have from the EU-side (Q&A document) and the UK-side (announcement of a new safety mark). Key take-aways EU guidance & Q&A:
- For toys placed on the EU market before the withdrawal date, no re-labeling with EU27 addresses will be required.
- For toys placed on the market after the withdrawal date, there could be changes required. For example, if at the moment a manufacturer, authorised representative or importer is based in the UK. In those cases, a UK address will no longer be considered an EU address and an EU27 distributor might become an importer.
- For toys, subject to EC-type examination, placed on the market after the withdrawal date, that were assessed by a UK notified Body, the file needs to be transferred to an EU27 Notified Body or one must apply for the new certificate with another EU-27 Notified Body. These changes need to be reflected in the Declaration of Conformity (DoC).
Details EU Q&A:
- The Commission has issued the enclosed Q&As relevant for toys, which further clarifies the enclosed notice on industrial products from last year (which also applies to toys)
- The UK becomes a Third Country, and that should be considered for all toys placed on the market in the EU from than onwards.
- For example, when an EU address is required, or an EU Notified Body needs to be used.
- Placing on the market:
- Relevant for each individual toy placed on the Union (EU-27) market after the withdrawal date.
- The Q&A and page 18 of the EU Blue Guideprovide further explanations on the concept of ‘placing on the market’ and how to proof the date of placing on the market
- Responsible persons, such as authorised representatives:
- UK based authorised representatives will lose their status as from the withdrawal date
- For toys placed on the market before the withdrawal date: There is no need for re-labelling with contact details of the new EU27 representative
- For toys placed on the market after the withdrawal date: an authorised representative based in the European Community cannot be based in the UK
- A manufacturer or importer established in the UK will no longer be considered an EU manufacturer or importer after the withdrawal date
- In case a company uses a UK importer – economic operators based in the EU that were distributors before the withdrawal date might become EU-importer and will also have further responsibilities regarding the toys as specified in the TSD
- For toys placed on the EU27 market before the withdrawal date: No re-labelling required
- For toys placed on the EU27 market after the withdrawal date: Require an EU address (EU manufacturer or EU importer), which cannot be a UK address
- Notified bodies:
- In case of EC-Type examination: In case of certificates issued by a UK notified Body it will be necessary for economic operators to either apply for a new certificate with another EU-27 Notified Body, or arrange for a transfer of the file and the corresponding certificate to an EU-27 Notified Body, which would then take over the responsibility for that certificate. The transfer of certificates from a UK Notified Body to an EU-27 Notified Body needs to take place before the withdrawal date, on the basis of a contractual arrangement between the manufacturer, the UK Notified Body, and the EU-27 Notified Body.
- The Q&A provides further clarifications on how to reflect those changes on the Declaration of Conformity
- Over the weekend, the UK government announced a new UKCA-mark, which would replace the CE-mark in the UK in case of a ‘no-deal Brexit’
- There will be a time-limited period during which CE-marking, an EU declaration or attestation of conformity and an assessment from EU Notified Body (in case of EC Type examination) will be accepted for products placed on the market after Brexit’
- The UK did not yet decide how long this time-limited period should be.
- More info is available here www.gov.uk/government/publications/prepare-to-use-the-ukca-mark-after-brexit.
The UK authorities are working on new national legislation replacing current regulations implementing EU law in case of a ‘no-deal Brexit’.
- One of these laws is a new Toy Safety Regulation. The authorities have signaled that it should largely reflect the current TSD (except where reference is made to an EU based economic operator, it should be a UK-based operator, the CE-mark should be the UKCA mark etc.). However, the new rules are not ready yet.
- BTHA is working on guidance and also working with the authorities on the new rules were they impact toys.
Further information you can find under this 2 links:
EC qa_brexit_industrial_products_en_1 February 2019
2018 EC Brexit Guidance_Industrial Products