Committee on Technical Barriers to Trade - Notification - United Kingdom - Construction products

NOTIFICATION

The following notification is being circulated in accordance with Article 10.6

 

1.

Notifying Member: UNITED KINGDOM

If applicable, name of local government involved (Article 3.2 and 7.2):

2.

Agency responsible:

Ministry of Housing, Communities and Local Government (MHCLG)

Name and address (including telephone and fax numbers, email and website addresses, if available) of agency or authority designated to handle comments regarding the notification shall be indicated if different from above:

UK TBT Enquiry Point

Trade Policy, Implementation and Negotiations

Department for Business and Trade

Old Admiralty Building

London

SW1A 2DY

tbtenquiriesuk@businessandtrade.gov.uk

3.

Notified under Article 2.9.2 [X], 2.10.1 [ ], 5.6.2 [X], 5.7.1 [ ], 3.2 [ ], 7.2 [ ], other:

4.

Products covered (HS or CCCN where applicable, otherwise national tariff heading. ICS numbers may be provided in addition, where applicable): Products covered fall under the Construction Products (Amendment etc.) (EU Exit) Regulations 2019 and the Construction Products (Amendment etc.) (EU Exit) Regulations 2020. These regulations in Great Britain cover a range of construction products, and routes to achieve CE marking for construction products. The overarching legal framework for CE marking recognition in Great Britain (GB), is the 2011 regulation that can be found here: Regulation (EU) No 305/2011 of the European Parliament and of the Council of 9 March 2011 laying down harmonised conditions for the marketing of construction products and repealing Council Directive 89/106/EEC (Text with EEA relevance) (legislation.gov.uk).

The Construction Product Regulations will continue to be in force and apply to all products within scope. This extension applies to all products within scope. These are products which are covered by a designated standard. The list of the designated standards can be found here: Designated standards: construction products - GOV.UK (www.gov.uk)) or subject to a technical assessment, please see a list here: 'Pre-Exit' European Assessment Documents: construction products - GOV.UK (www.gov.uk).

5.

Title, number of pages and language(s) of the notified document: Extension of CE ('Conformité Européenne') marking for construction products in Great Britain

6.

Description of content: The United Kingdom (UK) Government has announced that the recognition of Conformité Européenne' (CE) marking for a subset of construction products placed on the market in Great Britain will continue beyond the previously stated deadline of the 30 June 2025. This legislation applies to Great Britain (England, Scotland and Wales).

The longer-term future of CE marking (and the UK's 'United Kingdom Conformity Assessed' (UKCA) marking) in Great Britain will be considered as part of the system wide reform of the construction products regulatory regime. Any subsequent changes to the recognition of CE marking would be subject to a minimum 2-year transitional period.

7.

Objective and rationale, including the nature of urgent problems where applicable: Since 1st January 2021 the UK Government has continued to recognise CE marking alongside the UKCA regime for construction products placed on the GB market. This approach has enabled businesses to use either product marking when placing goods on the GB market. However, CE recognition was due to end on the 30 June 2025.

There is currently insufficient testing and certification capacity in the UK to provide the volume of conformity assessment that would be required were CE recognition to end. The UK Government also considers that ending recognition of CE marking without reforming the domestic regime would create trade barriers and negatively affect the supply of products that meet recognised standards.

The UK Government is therefore extending these trade facilitating measures, by extending recognition of CE marking past the 30 June 2025. The CE mark will continue to be available when placing construction products on the market across the UK.

This extension, and the longer-term future of CE/UKCA marking, is conditional on a commitment from the UK Government to system wide reform of the construction products regulatory regime. Any subsequent changes to the recognition of CE marking would be subject to a minimum 2-year transitional period.

Consumer information, labelling; Reducing trade barriers and facilitating trade

8.

Relevant documents:

Written Ministerial Statement from the Minister for Building Safety and Homelessness Rushanara Ali on the CE marking extension: Written statements - Written questions, answers and statements - UK Parliament

Legislation and regulations that facilitates the acceptance of CE marking in GB:

The Construction Products (Amendment etc.) (EU Exit) Regulations 2019 (legislation.gov.uk)

The Construction Products (Amendment etc.) (EU Exit) Regulations 2020 (legislation.gov.uk)

Regulation (EU) No 305/2011 of the European Parliament and of the Council of 9 March 2011 laying down harmonised conditions for the marketing of construction products and repealing Council Directive 89/106/EEC (Text with EEA relevance) (legislation.gov.uk)

Guidance on use of CE marking in GB and NI:

Construction Products Regulation in Great Britain - GOV.UK (www.gov.uk)

Construction Products Regulation in Northern Ireland - GOV.UK (www.gov.uk)

Designated standards in GB:

Designated standards: construction products - GOV.UK (www.gov.uk)

'Pre-Exit' European Assessment Documents: construction products, there are notices of publication and a consolidated list of references of pre-Exit European Assessment Documents for construction products:

'Pre-Exit' European Assessment Documents: construction products - GOV.UK (www.gov.uk)

9.

Proposed date of adoption: 1 January 2025

Proposed date of entry into force: 1 July 2025

10.

Final date for comments: 60 days from notification

11.

Texts available from: National enquiry point [ ] or address, telephone and fax numbers and email and website addresses, if available, of other body:

UK TBT Enquiry Point

Trade Policy, Implementation and Negotiations

Department for Business and Trade

Old Admiralty Building

London

SW1A 2DY

tbtenquiriesuk@businessandtrade.gov.uk