The Government recently published a Technical Notice on ‘Trading Goods regulated under the new approach if there’s no Brexit deal’: https://www.gov.uk/government/publications/trading-goods-regulated-under-the-new-approach-if-theres-no-brexit-deal/trading-goods-regulated-under-the-new-approach-if-theres-no-brexit-deal. Civil explosives are covered by this notice.
This technical notice explains the future arrangements for the regulation of most goods covered by the EU’s New Approach, which includes those regulated under the ‘New Legislative Framework’ as well as machinery. In particular it covers arrangements for conformity assessment. The implications for transfers into the UK and traceability of civil explosives in the UK are also covered in this notice. These arrangements will only apply in the unlikely event that the UK exits the EU without a deal in March 2019.
The notice also sets out that, as the results of conformity assessment carried out by UK notified bodies will no longer be recognised in the EU (in line with the EU Commission’s communication in January 2018), products tested by a UK notified body will no longer be able to be placed on the EU market without retesting and re-marking by an EU recognised conformity assessment body.
Notified bodies based in the UK will be granted new UK ‘approved body’ status and listed on a new UK database. Approved bodies will be able to assess products for the UK market against UK essential requirements (which, immediately after exit day in a ‘no deal’ scenario, will be identical to EU essential requirements).
The Institute of Explosives Engineers is a member of the CEMIN group working with the UK Government to advise on the impacts of future changes and industry specific outcomes of Brexit. If you wish to raise any points or seek clarification please contact our office team for further information.