To whom it concerns,

From the date the UK leaves the EU (currently 31 October 2019), manufacturers, importers, distributors and authorised representatives will need to continue to comply with the Construction Products Regulation (EU) No 305/2011 (known as “the CPR”), when placing construction products on the Irish/EU market. 

However, from 31 October 2019:

• UK ‘notified bodies’ will lose their status as EU ‘notified bodies’, that is, they will be unable to perform conformity assessment tasks for the purposes of the CPR.
• Irish ‘distributors’ of UK construction products may have additional obligations  under the CPR as they may become ‘importers’.
• These changes may have an impact on the supply of construction products.

Manufacturers, importers, distributors and authorised representatives need to take the necessary steps to ensure that they hold certificates under the responsibility of an EU-27 ‘notified body’ (that is, a ‘notified body’ registered in one of the 27 EU countries after the UK leaves the EU). For construction products currently reliant on a UK ‘notified body’, the manufacturers, importers, distributors or authorised representatives need to either:

• arrange for a transfer of their files and the corresponding certificates from the UK ‘notified body’ (a ‘notified body’ registered in the UK) to an EU-27 ‘notified body’, or
• apply for a new certificate with an EU-27 ‘notified body’

Either step should be taken before the UK leaves the EU.

Manufacturers, importers, distributors and authorised representatives need to ensure they comply with their obligations and responsibilities, as set out in the CPR.  Both authorised representatives and importers must be established in the EU-27 from the date that the UK leaves the EU.

Builders, designers, specifiers, certifiers and construction professionals should also be aware of the impacts of a ‘no deal’ Brexit. They should ensure that the CE Marking/ Declaration of Performance and relevant product-related documentation is appropriate to demonstrate and ensure compliance with the Building Regulations.  To establish if a construction product is certified by a UK ‘notified body’ refer to the following link: https://www.housing.gov.ie/corporate/brexit/brexit-construction-products-regulation

The Department of Housing, Planning and Local Government has also published an information leaflet ‘Impact of a ‘no deal’ Brexit on construction products’. Please find a copy attached. It explains what may possibly change in relation to the supply of construction products in the event of a ‘no deal’ Brexit. 

The information leaflet contains the key messages for, and steps to be taken by, economic operators (manufacturers, importers, distributors and authorised representatives), and end users (builders, specifiers, certifiers).

We would ask you to help make others in the industry aware of the important messages of this alert and attached leaflet, where appropriate.

For other information on preparing for Brexit, please see https://www.dfa.ie/brexit/getting-ireland-brexit-ready/.

Yours sincerely,
Department of Housing, Planning and Local Government