Published 12/09/24
If you are confused about whether CE marking of your products is acceptable when marketing them in the UK or if UKCA marking is needed instead, this article aims to provide a clear picture of the current situation.
Summary
The Product Safety and Metrology etc. (Amendment) Regulations 2024 are the stabilising culmination to a period of change and uncertainty following the UK’s departure from the EU at the end of 2020.
The Regulations formalise the indefinite recognition in Great Britain of EU requirements, including CE marking, in relation to 21 product regulations.
History and Background
We should first mention that the Brexit agreement reached between the UK and the EU meant that, in regard to trade in manufactured goods, Northern Ireland was to remain in the EU single market. EU legislation and consequently the CE mark therefore continued to apply to products in Northern Ireland. What follows relates to the rest of the United Kingdom, namely Great Britain, comprising England, Scotland and Wales.
Following Brexit, Great Britain (GB) became a completely separate and independent market to the EU, in which the UK Government was and is free to regulate manufactured goods. A UK mark to show compliance with UK regulations was therefore needed, to replace the European CE mark that relates to EU legislation.
The UKCA mark was established and legislation made, generally allowing a one-year transition period during 2021 for industry to changeover from the CE to the UKCA mark, after which the CE mark would no longer be accepted in Great Britain. The end date of this transition period was written into each UK Regulation.
It subsequently became evident that a one-year transition period was insufficient, so this was extended firstly by another year, and later by a further two years, resulting in the transition period lasting until the end of 2024. The transition end dates in the various UK Regulations were updated accordingly.
The UK Government announced in August 2023 and again in January 2024 that they planned to introduce legislation to continue the recognition of CE marking indefinitely for a range of UK regulations. This legislation was subsequently made on the 23rd May 2024 in the form of The Product Safety and Metrology etc. (Amendment) Regulations 2024, Statutory Instrument 2024 No. 696.
The 2024 Amendment Regulations
These Regulations removed the transition end date, i.e. the date until which GB requirements could be met by satisfying the corresponding EU legislation, from 21 Regulations. This means that CE marking (the reversed epsilon marking for aerosol dispensers) will be accepted in GB without any termination date in relation to these 21 Regulations.
Certain provisos exist, for example CE marked products must still comply with the UK’s substance exemptions under the Restriction of Hazardous Substances (RoHS) Regulations, but in general CE-marked goods are recognised as meeting GB requirements.
It is also important to realise that other UK legislation of EU ancestry, such as Energy Information Regulations, requires GB-specific energy labelling. So it may be possible to sell a CE marked electrical product in Great Britain without it needing a UKCA mark, but it could still need an energy label with the UK (and not the EU) flag.
The 21 Regulations
- The Noise Emission in the Environment by Equipment for use Outdoors Regulations 2001;
- The Supply of Machinery (Safety) Regulations 2008;
- The Aerosol Dispensers Regulations 2009;
- The Ecodesign for Energy-Related Products Regulations 2010;
- The Toys (Safety) Regulations 2011;
- The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2012;
- The Explosives Regulations 2014;
- The Pyrotechnic Articles (Safety) Regulations 2015;
- The Electromagnetic Compatibility Regulations 2016;
- The Simple Pressure Vessels (Safety) Regulations 2016;
- The Lifts Regulations 2016;
- The Electrical Equipment (Safety) Regulations 2016;
- The Pressure Equipment (Safety) Regulations 2016;
- The Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations 2016;
- The Non-automatic Weighing Instruments Regulations 2016;
- The Measuring Instruments Regulations 2016;
- The Recreational Craft Regulations 2017;
- The Radio Equipment Regulations 2017;
- The Personal Protective Equipment (Enforcement) Regulations 2018 and Regulation (EU) 2016/425; and
- The Gas Appliances (Enforcement) and Miscellaneous Amendments Regulations 2018 and Regulation (EU) 2016/426.
- The Measuring Container Bottles (EEC Requirements) Regulations 1977.
Other sectors
The continued recognition of compliance with the corresponding EU requirements does not extend to certain other sectors, for which UK specific measures apply, namely:
- Medical Devices
- Construction Products
- Rail Products
- Cableways
- Transportable Pressure Equipment
- Marine Equipment
- Unmanned Aircraft Systems
The future of UKCA marking
As well as being an entirely acceptable solution in Great Britain for products that could alternatively use CE marking, UKCA marking is expected to find application on products for which EU requirements are not recognised.
Notably, the UK Government has also planned to introduce ‘Fast-Track UKCA’, which is an option that allows compliance with either UK or recognised EU essential requirements for each regulation applying to the product. UKCA marking will encompass a hybrid approach, it being possible to use a mix of both UK and EU conformity assessment procedures to demonstrate compliance with UK requirements.