What a disorderly Brexit means for product conformity assessments and marking

Allen & Overy LLP
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In the EU, manufacturers of a wide variety of products can currently demonstrate compliance with essential EU requirements by having a so-called “notified body” carry out a product conformity assessment and affix a conformity marking (most commonly, the CE marking). These actions are often a pre-requisite to placing products on the EU market. If the EU and the UK do not reach a consensus on the withdrawal agreement 1 and the UK leaves the EU at 11 pm (GMT) on 29 March 2019 with no deal (i.e., a hard or disorderly Brexit), EU legislation will cease to apply to the UK and the UK will become a third country for trade purposes2 . Such a disorderly Brexit may have far reaching consequences for certain businesses, particularly those looking to place certain products on both the EU-27 and UK markets.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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