The Construction Products Regulation (CPR) lays down criteria for the placing on the market of construction products in the EU. The Regulation provides a common technical language to assess the performance of construction products. It ensures that reliable information is available to professionals, public authorities, and consumers, so they can compare the performance of products from different manufacturers in the EU countries. Brexit could have an impact on this process. Graham Orme and Dr Debbie Smith (BRE Global Ireland) provide insight.
The CPR
Products covered by the CPR, such as asphalt, doors, facades and fire protection products, must - amongst other requirements - have a Declaration of Performance (DoP) to be marked with a CE mark (see figure 1, source Euralarm). An interesting guideline on the CPR can be found on the Euralarm website. Over the past years circa 2’500 CPR certificates have been issued for fire detection systems by BRE Global (UK). The CE mark is not only mandatory for the CPR but also for other EU directives, such as the Marine Equipment Directive (MED), Pressure Equipment Directive (PED) and Transportable Pressure Equipment Directive (TPED). The advantage of CE marking for the manufacturer is the fact that the assessment and verification of their products should only be carried out in one Member State of the EU. Once the CE mark is obtained the product can then be placed anywhere on the EU market. The assessment and verification are carried out by accredited certification and testing bodies (Notified Bodies). With the UK leaving the EU, the Notified Bodies in the UK will lose their official status in the rest of the EU.
Loss of EU status
That loss of status will have impact on customers whose business depends on the CE mark to place their products on the EU market. Since the first signs of Brexit became clear BRE Global has been working on a solution for all businesses that rely on CE marking. To enable BRE to continue to offer Notified Body services they have set up a company in Ireland, called BRE Global Ireland. Being a Member State of the EU and having a legal system that is somewhat similar to that of the UK, the choice of Ireland is more or less self-explanatory. BRE Global Ireland was granted Notified Body status and designated as a Technical Assessment Body by the European Union for the CPR, making the company resilient to the outcome of Brexit. BRE Global Ireland is also a Notified Body for the MED and TPED.
Business as usual
Although it’s more than three and a half years ago since the Brexit referendum was held, there still is no clarity what will happen after the UK leaves the European Union with or without a deal. Fact is that companies that currently are CE marking their products under existing EU rules, will be required to do so post Brexit, provided that they wish to continue placing them on the market in the EU. In the post-Brexit era, UK Notified Bodies will lose their status as EU Notified Bodies. Companies that rely on a UK Notified Body for certification of conformity for CE marking purposes, will need to obtain alternatives, such as BRE Global Ireland. The company’s current activities under the Construction Products Regulation (CPR) and other directives will transfer across to BRE Global Ireland making them ready for a Brexit with or without a deal. For customers this means that business will continue as usual.
Product testing, as part of the CE marking procedures (AVCP level1), can be undertaken at a laboratory (by sub-contract) chosen by the Notified Body. This laboratory can be located outside the EU as long as the assessment process is carried out by a Notified Body within the EU. The testing of many products can therefore continue at UK laboratories while being fully compliant with the requirements of the CPR post Brexit.
