David Burns's Podcast

CAN YOU DROP EN 1090 CERTIFICATION IN 2021?

December 24, 2020 David Burns
David Burns's Podcast
CAN YOU DROP EN 1090 CERTIFICATION IN 2021?
Chapters
David Burns's Podcast
CAN YOU DROP EN 1090 CERTIFICATION IN 2021?
Dec 24, 2020
David Burns

Probably - yes you can!

Like, Norway, Switzerland, Iceland, etc. although not a part of the EU, the UK (UKAS) will remain members of EA (European Accreditation). 

At the EA General Assembly on 14th May a Resolution (EA Resolution 2020 (45) 01) was passed,  confirming that UKAS will remain an EA Full Member until 31 January 2022. 

With this in mind, UKAS accreditation will be recognized and accepted throughout the EU; does this mean that the UKCA Mark will be accepted throughout the EU in the same way as the CE Mark? 

Well, it looks that way, because the UK adopted all the EU legislative "product directives" into Statutory Instruments, otherwise, what would be the point of UKAS remaining a member of EA? If not to facilitate UK trade within the EU market?

That said, within the UK market, we have a keen focus on the NSSS 7th Edition, coupled with the “customer contract” specification being the “legal precedence” over the content of EN 1090. Refer to the NSSS 7th Edition clause 1.2.3, where the contract technical specification takes precedence over the EN 1090-2 content.

For the EU to enter into the UK market, and comply with the UKCA Mark, coupled with the kikes of the new NSSS, could this be seen as a technical barrier to trade in the eyes of the EU?

From the top and to recap for 1st January 2021.

·         Legal Framework - Compliance with the “Construction Products Regulation” (CPR) is the law within the UK.

·         Product Declaration - Compliance with the “United Kingdom Conformity Assessment” (UKCA) is the law within the UK.

·         Legal Responsibility – Anyone that places a UKCA Marked product onto the UK market becomes the responsible manufacturer of the product in the eyes of the law.

The EN 1090 Certification is NOT the law in the UK (the customer contract and technical specification - takes precedence over the content of the EN 1090-2 / EN 1090-4).

The EN 1090 simply provides a “small” point of reference for “Factory Production Control” as per EN 1090-1 Clause 6.3 and makes references to CE Marking. 

The legal reference for the UKCA Mark within the United Kingdom with reference to the CPR is the Statutory Instrument – UK SI1620 - previously known as the Regulation (EU) No 305/2011. Then we must also consider "professional and technical qualifications" of those involved with - structural design, the architect, the engineers, the auditors, etc.

Just because UKAS is a part of EA, does not mean instant recognition of professional qualification - "UK professional qualifications may not be recognized in the EU (and vice versa), although the UK and EU member states could decide to unilaterally recognize each other’s professional qualifications or provide streamlined routes to re-qualification".

From the 1st January 2021, the CE Mark is no longer required for the United Kingdom home market - with the current trade deal, the UKCA Mark is here to stay. The UKCA Mark (also read as NICA Mark for N Ireland) will replace the CE Mark from the 1st January 2021. 

In summary.

UK Approved Bodies will audit the “effectiveness” your FPC against contract specification (as stated within the NSSS 7th Edition – clause 1.2.3. “the full text of this [NSSS] specification takes precedence over EN1090-2 and EN1090-4); confirming the “customer contract” takes precedence in support of the UKCA declaration of performance.

Your business will require a documented FPC and qualified welders and supporting procedures, but it is your call how to demonstrate compliance - ISO 9001 with reference to legislative requirements, i.e. the CPR or the BS 3834 or the EN 1090, but its your call.

Over to the UK "approved bodies" to answer our questions...

Show Notes

Probably - yes you can!

Like, Norway, Switzerland, Iceland, etc. although not a part of the EU, the UK (UKAS) will remain members of EA (European Accreditation). 

At the EA General Assembly on 14th May a Resolution (EA Resolution 2020 (45) 01) was passed,  confirming that UKAS will remain an EA Full Member until 31 January 2022. 

With this in mind, UKAS accreditation will be recognized and accepted throughout the EU; does this mean that the UKCA Mark will be accepted throughout the EU in the same way as the CE Mark? 

Well, it looks that way, because the UK adopted all the EU legislative "product directives" into Statutory Instruments, otherwise, what would be the point of UKAS remaining a member of EA? If not to facilitate UK trade within the EU market?

That said, within the UK market, we have a keen focus on the NSSS 7th Edition, coupled with the “customer contract” specification being the “legal precedence” over the content of EN 1090. Refer to the NSSS 7th Edition clause 1.2.3, where the contract technical specification takes precedence over the EN 1090-2 content.

For the EU to enter into the UK market, and comply with the UKCA Mark, coupled with the kikes of the new NSSS, could this be seen as a technical barrier to trade in the eyes of the EU?

From the top and to recap for 1st January 2021.

·         Legal Framework - Compliance with the “Construction Products Regulation” (CPR) is the law within the UK.

·         Product Declaration - Compliance with the “United Kingdom Conformity Assessment” (UKCA) is the law within the UK.

·         Legal Responsibility – Anyone that places a UKCA Marked product onto the UK market becomes the responsible manufacturer of the product in the eyes of the law.

The EN 1090 Certification is NOT the law in the UK (the customer contract and technical specification - takes precedence over the content of the EN 1090-2 / EN 1090-4).

The EN 1090 simply provides a “small” point of reference for “Factory Production Control” as per EN 1090-1 Clause 6.3 and makes references to CE Marking. 

The legal reference for the UKCA Mark within the United Kingdom with reference to the CPR is the Statutory Instrument – UK SI1620 - previously known as the Regulation (EU) No 305/2011. Then we must also consider "professional and technical qualifications" of those involved with - structural design, the architect, the engineers, the auditors, etc.

Just because UKAS is a part of EA, does not mean instant recognition of professional qualification - "UK professional qualifications may not be recognized in the EU (and vice versa), although the UK and EU member states could decide to unilaterally recognize each other’s professional qualifications or provide streamlined routes to re-qualification".

From the 1st January 2021, the CE Mark is no longer required for the United Kingdom home market - with the current trade deal, the UKCA Mark is here to stay. The UKCA Mark (also read as NICA Mark for N Ireland) will replace the CE Mark from the 1st January 2021. 

In summary.

UK Approved Bodies will audit the “effectiveness” your FPC against contract specification (as stated within the NSSS 7th Edition – clause 1.2.3. “the full text of this [NSSS] specification takes precedence over EN1090-2 and EN1090-4); confirming the “customer contract” takes precedence in support of the UKCA declaration of performance.

Your business will require a documented FPC and qualified welders and supporting procedures, but it is your call how to demonstrate compliance - ISO 9001 with reference to legislative requirements, i.e. the CPR or the BS 3834 or the EN 1090, but its your call.

Over to the UK "approved bodies" to answer our questions...