BREXIT Statement for ATEX Notified Body Activities

BREXIT Statement for UK and EU ATEX Notified Body Activities

Update 1st February: EUROPEAN COMMISSION Guidance Document on UK Notified Body acceptance.

In order to help our customers with planning for the UK’s exit from the EU, we have prepared this document which is based on our current understanding of the situation as of the 9th of January 2019. Many of our services will not be affected, and all our accreditation is UKAS which is the only accreditation recognised by the UK Government, so in the event of any ‘UK Certification Body’ being formed, ExVeritas already holds the necessary accreditation:

  • IECEx CB and TL will remain unchanged
  • UKAS ISO9001 Issue will remain unchanged
  • UKAS Accreditation as an Ex Inspection Body will remain unchanged
  • ATEX CAT 3 and UKAS certificates remain unchanged

ATEX Notified Body Certification

If the UK and the EU agree an exit deal, ExVeritas UK Notified Body (NB) status, would continue at least until December 2020. If the relevant text in the governments proposed deal is passed the UK Notified Body (NB) status will remain during the transition.

The other possibility is that there is a ‘no-deal‘ exit from the EU. In this case we would cease to be an EU Notified Body and would therefore be unable to issue ATEX certificates from the UK and would issue ATEX Certificates and hold Technical Files at ExVeritas ApS who are part of the ExVeritas Group and are ATEX Notified in Denmark.

ExVeritas ApS are accredited by the National Accreditation Body of Denmark (DANAK) against the EU ATEX Directive, Registration Number 7044. ExVeritas ApS have also been Notified against the ATEX Directive by the Danish Safety Technology Authority as required by NANDO.

Current customers certificates will be transferred free of charge and remain valid with the same certificate numbers. The number of the notified body which controls your Quality Assurance Notification (QAN) and Technical File Lodges which appears on product nameplates or EU D of C will have to change if ExVeritas UK were the issuing body.

It is also worth noting that in the event of a ‘no-deal‘ exit from the EU, there will be a short period of time when CE marked products will be allowed to be imported into the UK. At the end of this period of time CE marking would become invalid, and products destined for the UK would have to carry a ‘UK Authorised Body’ mark which ExVeritas will be able to supply (in addition to ATEX and IECEx).

The transfer would automaticity take place prior to 29th March 2019 in the event of the removal of UK Notified Bodies from NANDO (Europe).

UK Certification Bodies and the ‘UK Mark’

There is a draft new UK ‘Ex’ Scheme that is based on the same system as ATEX in the EU but the words ‘EU’ are removed and replaced by ‘UK’, the CE is replaced with the ‘UK Mark’, Notified Bodies are replaced with UK Approval Bodies (nominated by UKAS/Secretary of state as we are now for Notification). If this became a statutory instrument then the current EU Certication for ATEX would not be accepted (the certificate would have to be issued by a UK Body)

Trading goods regulated under the ‘New Approach’ if there’s no Brexit deal
Published 13 September 2018

As ExVeritas are ATEX Notified in the UK and in the EU our customers will be guaranteed continued access to both the UK and EU Markets

Full details on the new UK proposed mark (UKCA) and UK replacement conformity assessment scheme details can be found here.

Sean Clarke CEng MSc MIET
Managing Director, ExVeritas