On the 1st August 2023, the UK Government announced that recognition of the CE mark as an alternative to the UKCA mark will continue indefinitely for most goods being placed on the market in Great Britain. This statement effectively revokes the previous mandatory requirement for the UKCA mark to be placed on applicable goods after December 2024. Please see our article for more information.
Background
The UK left the EU single market at 11PM on 31st December 2020. The UKCA (United Kingdom Conformity Assessed) mark was originally intended to be the UK’s equivalent to theCE mark, but its significance has altered over the intervening years.
Geographical Scope
The agreement that was reached between the UK and the EU, known as the Northern Ireland Protocol, means that Northern Ireland remains part of the EU single-market. As such, CE marking still applies in Northern Ireland as it does throughout the rest of the EU single-market, and the UKCA mark has no relevance there. Thus, the UKCA mark is only valid in Great Britain (England, Scotland and Wales), so it may be helpful to think of it more as a ‘GBCA’ mark but only as an aid to remembering its function.
History
The UKCA mark was phased in from 1st January 2021. Industry was originally permitted a 12-month transition period to convert from using the CE mark to using the UKCA mark. At that time, the CE mark was no longer going to be recognised in Great Britain (GB) after 31st December 2021, with the UKCA mark then becoming the only acceptable mark.
In August 2021 the UK Government recognised that a 12-month transition period was insufficient, and announced a 12-month extension until the end of 2022.
On the 14th November 2022, only a few weeks before the extended transition period was due to end, the UK Government announced that, to reduce burdens for industry, it intended to introduce legislation to contine the recognition of CE marking until 31st December 2024 for most goods being ‘placed on the market’ or ‘being put into service in Great Britain’.
The next significant event occurred on 1st August 2023, when the UK Government’s Department for Business and Trade announced an indefinite extension to the acceptance of CE marking. (This extension also applied to the ‘reversed epsilon’ mark, which is the mark that is applicable under certain items of legislation). This followed engagement with industry during which businesses pushed for an easing of regulatory burdens. The announcement relates to eighteen regulations which, in the UK, are administered by the Department for Business and Trade (DBT).
On the 24th January 2024 a further announcement was made, that the indefinite extension to the acceptance of CE marking would be extended to cover a further three regulations, as administered by three other government departments. The announcement also mentioned the introduction of a new ‘Fast Track UKCA’ process, such that the UKCA mark could be used to demonstrate compliance either with UKCA mark product requirements or with CE mark product requirements, even allowing a mixture of UKCA and CE conformity assessment procedures for products covered by multiple legislation.
The legislation to implement the indefinite extension to the use of CE marking and the related measures in the UK is Statutory Instrument 2024 No. 696 (the Product Safety and Metrology etc. (Amendment) Regulations 2024). This came into force on 1st October 2024.
What does the UKCA mark mean?
The UK Conformity Assessed mark is a mandatory mark on a product to indicate that it conforms to UK legislation applying in Great Britain. The manufacturer or, if mandated, their authorised representative, is responsible for affixing the UKCA mark to the product, which follows the same principles as CE marking but follows legislation for the GB market.
Is the CE mark still valid for products placed on the UK market?
The CE mark (or ‘reversed epsilon mark’ for aerosols) is being indefinitely recognised in UK for the following types of products (where the product fits the definitions as listed in the within the corresponding legislation):
Toys
Pyrotechnics
Recreational craft and personal watercraft
Simple pressure vessels
Electromagnetic compatibility
Non-automatic weighing instruments
Measuring instruments
Measuring container bottles
Lifts
Equipment for potentially explosive atmospheres (ATEX)
Radio equipment
Pressure equipment
Personal protective equipment (PPE)
Gas appliances
Machinery
Equipment for use outdoors
Aerosols
Low voltage electrical equipment
Ecodesign
Restriction of hazardous substances (RoHS)
Civil explosives
This means that, in general, products within the scope of the above legislation can be marketed in Great Britain using the CE mark. The UKCA mark remains a viable alternative option.
Can I put both CE and UKCA marks on my products?
Yes, provided they fulfil the associated requirements. It is already common to see multiple conformity marks on internationally sold products.
What are the differences between UKCA and CE marking?
In technical terms, the differences between the requirements for CE marking and for UKCA marking were originally minor, mostly being administrative in nature, reflecting the fact that the UK legislation is based on EU measures and that the UKCA mark only applies in Great Britain.
The main differences found in using the UK regulations for UKCA marking compared with the CE marking legislation are:
- using the UKCA mark, although the CE mark now remains a valid option for many regulations,
- limiting applicability to products for the UK market,
- to use Approved Bodies as opposed to Notified Bodies,
- to follow designated standards rather than harmonised standards,
- using a Declaration of Conformity rather than an EU Declaration of Conformity
- the language is to be in English.
Products which meet the technical requirements for CE marking will generally meet the requirements for UKCA marking. The converse is also true for some products, but not for others, particularly following the post-Brexit introduction in the EU of certain measures for which there are no equivalent UK requirements.
Other differences relate to the separation of UK conformity assessment bodies, known as Approved Bodies, from the EU Notified Body system, described below.
Do the applicable standards differ?
The UK regulations use the term ‘designated standards’ for standards that offer a presumption of conformity with the essential requirements of the legislation, fulfilling an equivalent function to harmonised standards in relation to EU legislation. The lists of harmonised and designated standards are largely the same albeit with occasional differences.
The British Standards Institution (BSI) maintains its commitment to the European and international standards systems and remains a member of the three European Standardization Organizations (CEN, CENELEC and ETSI).
How do Notified Bodies and Approved Bodies differ?
UK based Conformity Assessment Bodies lost their status as Notified Bodies on 31 December 2020 and ceased to be able to issue Notified Body certificates. It was originally stipulated that all certificates they had previously issued became invalid on that date. That was later revoked in the UK, with certificates that had already been issued were permitted to remain until the end of their validity date. After that date, an Approved Body certificate was needed for products being sold on the GB market. For the EU sales, the approach was different. Manufacturers relying on those UK-based Notified Body certificates to CE mark their products have had to find a new Notified Body, based within the EU, to certify their products and procedures.
The UK based bodies were automatically granted status as 'UK Approved Bodies' when their Notified Body status expired. A UK Approved Body has exactly the same role as an EU Notified Body but only for products which are UKCA marked. UK Approved Bodies cannot issue certificates on which the manufacturer can base their CE marking (with one exception, see the details of the UKNI mark below).
What is the UKNI mark?
Products which require certification by a Notified Body before they can be CE marked cannot rely on a certificate from a UK Approved Body. However, there is an exception to this which comes about because of the desire for there to be no barriers to trade between GB and NI. This special arrangement allows goods which are CE marked for sale in NI, and only NI, to be certified by a UK Approved Body instead of a Notified Body.
The purpose of theUKNI markis to identify products which have a CE mark based on certification by a UK Approved Body. Such products are only eligible for sale in Northern Ireland and cannot legally be sold anywhere else in the EU Single Market.
Do I need to put the UKNI mark on my products before I can sell them in Northern Ireland?
Few products will actually have to carry the UKNI mark, since it only applies to products which require independent certification. It does not apply to products which are self-certified by the manufacturer. Even where independent certification is required, most manufacturers will go to an EU Notified Body since this will give them a CE mark which they can use anywhere in Europe. Furthermore, as the CE mark is now accepted indefinitely in GB, applying the CE mark, especially if the manufacturer intends to sell in both the EU and the UK, is the most logical approach and, in doing so, the use of an EU Notified Body will provide certification for both regions.
Regulation (EU) 2019/1020
Unrelated to the UK’s withdrawal from the EU, important changes to manufacturers’ obligations were introduced in July 2021 by Regulation (EU) 2019/1020, which impacts UK and other non-EU based manufacturers wishing to sell into the EU single market. This regulation has been introduced with the intention of better defending the EU single market against noncompliant products and avoiding gaps in the enforcement system, particularly in view of the increasing number of products being offered for sale online to end users within the EU. It states that for manufacturers based outside the EU, there must be a responsible ‘Economic Operator’ who is based in the EU. The ‘Economic Operator’ is either:
- an importer
- an authorised representative appointed by the manufacturer
- a fulfilment service provider who handles the product, if neither of the above exist
(A manufacturer is also an ‘Economic Operator’ but in the explanation above, we are discussing the fact that the manufacturer is not based in the EU).
A detailed discussion of the legal background to these changes can be found on our web page "The Requirement for an Authorised Representative within the EU"
Although Regulation (EU) 2019/1020 is not applicable in the UK, there are requirements in UK legislation requiring UK-based representation in the UK. Information on this can be found on our website.
For further information on the Regulation and obligations please also visit our sister company’s website atwww.authorisedrepresentativeservice.com