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Brexit Update on NMO EU Certificates

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On 30 January 2020, the European Council ratified the Agreement on the Withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community.

Consequently, the United Kingdom left the European Union on 31 January 2020 at midnight (Brussels time) and the UK will no longer be a Member State of the European Union and of the European Atomic Energy Community as of 01 February 2020.

However, the EU and the United Kingdom agreed on a transition period as part of the Withdrawal Agreement. During this time, the UK will be treated as an EU member state, but will no longer take part in any decision making or decision shaping activities at EASA (‘principle of non-participation’).

It is currently foreseen that the transition period starting on 01 February 2020 ends on 31 December 2020. It can be extended once by up to one to two years. Such a decision must be taken jointly by the EU and United Kingdom before 01 July 2020.

Below please find the update regarding EU Exit on 31st January 2020.

• The Withdrawal Agreement Act is the legal mechanism that enables the UK to leave the EU. Once the UK leaves the EU at 11pm on Friday 31 January, there will be an Implementation Period until 31 December 2020 whereby the UK will still follow all the EU's rules and regulations.

This means that during this period NMO will retain Notified Body status and NMO EU certificates will remain valid and can be used to place instruments on the market in the UK and EU as you do now.
OIML, UK National and ISO 9001 certificates also remain valid.

• During the implementation period, EU regulations will apply, therefore there will be no change to technical files during this period. They can remain in their current location and you can continue placing goods on the market as you do now. The arrangements that will apply after the implementation period will depend on the outcome of future negotiations with the EU.

• This means that the CE mark will continue to be required in the UK throughout the Implementation Period - you should continue to use the CE marking as you do now during this period; the UKCA mark will not be needed during the implementation period.

• The UKCA (UK Conformity Assessed) mark is intended to be the new UK product marking used for certain goods being placed on the UK market if the UK leaves the EU without a deal.

• The UKCA marking is not currently a valid conformity marking and cannot be used to demonstrate compliance, in order to demonstrate compliance with EU regulations the product must continue to bear the CE mark. However, this does not necessarily mean that a product also bearing the UKCA marking is non-compliant.

• There is currently no legislation in force related to the UKCA marking. This means that at present the UKCA marking does not legally exist, therefore affixing it to a product does not indicate compliance with any regulations but nor is it illegal to affix it.

• Products with the UKCA marking can therefore be placed on the UK market so long as they also carry the CE marking (if required) and the UKCA marking does not impact the visibility of this. The arrangements that will apply after the implementation period will depend on the outcome of future negotiations with the EU.

For any additional queries please feel free to contact the central OPSS EU Exit inbox:

About EXCELL Precision:
EXCELL, founded in 1979, is a global leading manufacturer and marketer of Hi-Tech precision instrument and supplier of industrial automation for use in laboratory, industrial and retailing applications. EXCELL is an innovative leader in the Scale-IoT® and Scale-Factory® scale automation industry, where it has been helping the customers across the entire globe to implement balances, weighing and scales automation solutions in a variety of industries and applications. EXCELL employs over 400 people worldwide, with manufacturing facilities and operations in Taiwan, Shanghai and Vietnam. EXCELL serves the customers in more than 100 countries on six continents.
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