Standards 21
Brexit got done Economic Area (EEA comprising EU plus Norway, Iceland and Lichtenstein) to have
it may come clearer as to the expected outcome, so there is not necessarily
Notified Bodies. Note that this does not include Switzerland which has several very specific agreements with the EU, but remains outside the EEA, even though it is in the common Schengen travel area. I understand that although there is border
any need to take immediate action, but beware that if transfer becomes necessary and if many certificates still remain to be transferred, there will be logistic problems in achieving the necessary transfers at short notice by
free travel for people, some goods are subject to inspection and duties.
the deadline.
Switzerland has more than one Notified Every two months, SGS Baseefa Technical Manager Ron Sinclair MBE gives his perspective on the latest developments in the world of standards.
I
n the first week of February I attended the annual meeting of
the European Notified Bodies Group for the ATEX Directive (ExNB).
It is not up to the UK Notified Bodies to tell their customers what to do, only to put the
Body for ATEX, as does Turkey, which also has some specific agreements. The EU might actually dispute the use of the term Notified Body in that way,
facts before them as they emerge.
but effectively that represents the effect of the agreements, as documents from those bodies are accepted as if they were
deadline that has just passed, the fall back scenario is that you will require certification from an EU Notified Body
actually EU Notified Bodies.
Based on information the UK government made available before the January 31
This was after the UK had officially left
Most people operating in our sector would hope that the UK can negotiate a deal that
(typically the one where your certificates have been transferred) to apply the CE Marking and that you will need that CE Marking for sale in the UK as well as the
the EU but, of course, nothing has actually changed. UK Notified Bodies are still recognised in the EU; our EU-Type
will be similar to Switzerland or Turkey. As a fall back, it should also be noted that Canada has negotiated the right to
rest of Europe. We believe that the draft legislation, that was prepared to replace the ATEX Directive in the UK, is likely to
Examination Certificates remain fully valid and support manufacturers’ CE declarations and markings. In fact, all that
appoint EU Notified Body equivalents under the CETA provisions, although none have yet been appointed.
be passed. We were told this would be passed on the day of exiting but have heard nothing since February 1. The main
has happened, as far as manufacturers and users of ATEX equipment are concerned, is that “the can has been
How the negotiations will actually proceed, between now and the end of
provision is that all existing UK based Notified Bodies immediately become UK approved bodies and can issue
kicked further down the road”. The date to be concerned about is now January 1, 2021. This “can” seems to have a life of
the year, is well beyond the powers of my crystal ball.
certificates to allow the fixing of the UKCA Mark (effectively the replacement for the CE Marking). The UKCA Mark and CE will
its own!
If the UK bodies retain their Notified Body status from January 2021 onwards, all the time and effort spent arranging the transfer of certificates to elsewhere in Europe will have been a waste of time. However, such a transfer (and the related costs in changing labels, etc.) can be considered in the same light as paying for
both be accepted for a short time (yet to be determined), before only the UKCA mark will be acceptable in the UK.
So, what happens in the meantime? All UK Notified Bodies have made arrangements to allow their customers to transfer existing documents (primarily EUType Examination certificates and QANs) to their partner Notified Body operating from another EU country. Whether that will actually be necessary depends on the outcome of the current trade negotiations between the UK and the EU Commission.
an insurance policy: just another cost for the privilege of remaining in business!
There is certainly a precedent for countries
If, come 2021, negotiations have not achieved that outcome, the insurance money will have been well spent. As
who are not members of the European
we move towards the end of the year
About the author SGS Baseefa’s Technical Manager Ron Sinclair also has a personal contract to act as an authorised signatory on behalf of SGS Fimko, the Finnish Notified Body partnered with SGS Baseefa. He is a vice-chair of the European Notified Bodies Group for ATEX (ExNB), as well as chair of both the UK and European Standards Bodies operating in this area.
www.hazardexonthenet.net
