Response from EU Commission

In June 2016 the European Safety Federation (ESF) wrote to the EU Commission on the situation concerning EC/EU type examination certificates and approval decisions for PPE in the event of a no deal Brexit.

The full letter can be accessed through this link Download

The letter highlighted that, with the UK Notified Bodies having a disproportionate share of type examination certificates and approval decisions for PPE, the rendering of them invalid in the event of a no deal brexit will create significant issues throughout the market.

So, in order to try protect supply of compliant PPE the letter requested that in the case of no deal, the Commission take a flexible pragmatic approach to type examination certificates and approval decisions issued by UK Notified Bodies before brexit day.

The reply as below, has been received from the Commission and it (unsurprisingly perhaps) stated that no new contingency measures are planned and therefore the market should prepare for all eventualities anticipated in previous communiques including those created by a “no deal” without any transition period.

I come back to you after consulting your request with the relevant colleagues. The position of the EU in case of “no-deal Brexit” was explained in the documents issued by the Commission's Task Force for Article 50 negotiations with the UK and reaffirmed in the 5th Brexit Preparedness Communication adopted a week ago (see also the Press Release): no new contingency measures are planned ahead of the new withdrawal date (31 October 2019), and “In a ‘no-deal' scenario, the UK will become a third country without any transitional arrangements. All EU primary and secondary law will cease to apply to the UK from that moment onwards. There will be no transition period, as provided for in the Withdrawal Agreement”.

In this sense, it is critical that industry gets prepared at all levels of the supply chain and for all outcomes, including the “no-deal” scenario for which no transition period is foreseen. We recommend to take a close look to the preparedness notices issued by the Commission since January 2018 to inform stakeholders in all policy areas on the consequences of the UK's withdrawal from the EU.

BSIF will continue to work with the appropriate agencies over the coming months, endeavouring to do our best and keeping you informed at all time

Alan Murray