On 16 of July 2021, the new regulation 2019/1020/EU – Market Surveillance and Compliance of Products Regulation came into effect.
It aims to strengthen the requirements for market surveillance by Member States and will lead to far more checking of technical files and self-declarations including ATEX Category 3 (and probably UKCA CAT 3 as the UK will probably follow or reciprocate the more stringent checking requirements).
ATEX products manufactured outside of the European Union cannot be sold in the EU without an Authorized Representative within the EU as of July 16, 2021. Both the Manufacturer and the Authorised Representative (if used) must sign the D of C.
This legislation makes it very clear that there is a requirement to have someone always present in the European Union who takes responsibility and is the point of contact for these products, an “Authorized Representative”
UKCA Ex Marking remains unaffected (currently) as this regulation came into force after the UK left the EU, however, there are many cases in the UKCA system where an “Authorized Representative” is required.
Do you need a UKCA Ex Certificate for your UKCA Declaration?
Simply put, if you needed Notified Body involvement for ‘ATEX’ Certification before, you now need UKCA Ex Certification from a Government Appointed Body (which we are)
More general information on general CE/UKCA
Using the UKCA marking - GOV.UK
(www.gov.uk)
ExVeritas can help with converting ATEX to UKCA Ex and do not offer any guidance on other Directives or importing/exporting and advice should be taken from the appropriate legislation/Directives for this. All we need to help you is details of any ATEX Certificates you had issued or ATEX Files you had lodged with a Notified Body.
