UKCA Mark (Post Brexit Update)

Given the difficult economic conditions created by post-pandemic shifts in demand and supply, alongside Putin’s war in Ukraine and the associated high energy prices, the government does not want to burden business with the requirement to meet the original (31 December 2022) deadline.

The government will continue to recognise the CE Marking for 2 years, therefore allowing businesses until 31 December 2024 to prepare for the UKCA marking. Businesses can also use the UKCA marking, giving them flexibility to choose which marking to apply.

The information throughout the blog has been updated based on this new guidance.

What is UKCA Marking?

The new UKCA mark (UK Conformity Assessed) ,where applicable, is mandatory for goods being placed on the market in Great Britain (GB), Great Britain is Scotland, England and Wales, and will cover the vast majority of goods which previously required CE marking.

Goods being placed on the market in Northern Ireland will continue to align with the rules of the European Union (EU) and should be marked with either the CE mark or both the CE mark and UK(NI) mark.

What is the UK (NI) Mark?

The UK(NI) marking is a new conformity mark for products placed on the market in Northern Ireland which have undergone mandatory third-party conformity assessment by an Assessment Body based in the UK. The UK(NI) marking is never applied on its own – it always accompanies an EU conformity marking, such as the CE marking.

It must be noted that goods labelled solely with the UKCA mark cannot be placed on the Northern Ireland market, however, for example, as the CE and CE & UK(NI) markings will be valid in Northern Ireland, products with these markings can be placed on the market in Great Britain (GB) if they are a qualifying Northern Ireland good.

Goods with only the UKCA mark or the combined CE and UK(NI) marking cannot be placed on the market in the EU, goods for the EU market must be marked CE.

When does the UKCA mark come into effect?

UKCA marking became a requirement as of 1st January 2021 but to support businesses adjusting to the new regulations CE marked goods can continue to be placed on the GB market until 31 December 2024.

When selling goods to EU markets from 1st January 2021 CE marking will remain mandatory.

Key Dates:

1st January – 31st December 2024

UKCA marking, CE marking, and combined CE and UK(NI) marking are all acceptable for goods placed on the GB market.

1st January 2025

CE Marking will no longer be accepted for goods placed on the GB market.

When do I have to UKCA mark my product?

If the product you are selling on the market meets all of the following criteria, you must use the UKCA Mark from 1st January 2025 onwards:

• The product is for the market in Great Britain
• The product is covered by legislation stating that UKCA Marking is a requirement

This applies to products which currently are being CE marked.

There are certain products which require mandatory third-party conformity assessment and therefore require conformity assessment by a UKCAB, in order to be UKCA marked and placed on the GB market from 1st January 2023 onwards.

However, if the product you are selling on the market meets all of the following criteria, you must use the UKCA Mark before 1st January 2025:

• The product is for the market in Great Britain
• The product is covered by legislation stating that UKCA Marking is a requirement
• Product requires mandatory third-party conformity assessment
• Conformity assessment has been carried out by a UK conformity assessment body and you haven’t transferred your conformity assessment files from your UK body to an EU recognised body before 1 January 2021

There is an exception to the above criteria which applies to existing stock. If, for example, your product or goods have been fully manufactured and ready to place on the market before 1st January 2021, they can still be sold within Great Britain with a CE mark, even if covered by a certificate of conformity issued by a UK body.

How do I use the UKCA marking?

In the majority of situations the UKCA marking must be applied to the product itself or to the packaging. Sometimes it may be placed on other supporting materials or literature, such as manuals. However, this will be subject to the specific regulations that apply to the product.

As highlighted by the UK Government, the following rules apply in general terms:

• UKCA markings must only be placed on a product by you as the manufacturer or your authorised representative (where allowed for in the relevant legislation)
• When attaching the UKCA marking, you take full responsibility for your product’s conformity with the requirements of the relevant legislation
• You must only use the UKCA marking to show product conformity with the relevant UK legislation
• You must not place any marking or sign that may misconstrue the meaning or form of the UKCA marking to third parties
• You must not attach other markings on the product which affect the visibility, legibility or meaning of the UKCA marking
• The UKCA marking cannot be placed on products unless there is a specific requirement to do so in the legislation

Creating a UK Declaration of Conformity:

The UK Declaration of Conformity (DoC) is a legal document which must be produced for the majority of products bearing the UCKA Marking.

This is the responsibility of the manufacturer of the product or alternatively an authorised representative. Having this responsibility means the UK DoC should:

• Declare that the product is in conformity with the relevant statutory requirements applicable to the specific product
• Make sure the document has the name and address of the manufacturer (or your authorised representative) together with information about the product and the conformity assessment body (where relevant)

The UK DoC must be stored and available upon request for review by the UK authorities. In terms of the information on the UK DoC, it remains largely the same as the requirements of EU DoC (for now) and should generally include:

• Your name and full business address or that of your authorised representative
• The product’s serial number, model or type identification
• A statement, stating you take full responsibility for the product’s compliance
• The details of the approved body which carried out the conformity assessment procedure (if applicable)
• The relevant legislation with which the product complies
• Your name and signature
• The date the declaration was issued
• Supplementary information (if applicable)

For certain regulations, for example, machinery and ATEX, the UK DoC must also accompany the product.

EPIT Group continue to work closely alongside UK Market Conformity Assessment Bodies (UKMCAB) and Test Laboratories, supporting compliance testing and regulatory requirements.

Therefore, if you are searching for detailed information on the subject of UKCA marking or require support in implementing the new legislation, please contact us and find out how we can assist your requirements.

EPIT Group also have extensive experience dealing with CE Marking and EU Notified Bodies and we will continue our support for the on-going requirements of the EU markets, through our consultancy services.

Further sources of information:

https://www.gov.uk/guidance/using-the-ukca-mark-from-1-january-2021

https://www.gov.uk/guidance/placing-manufactured-goods-on-the-eu-market-from-1-january-2021

https://www.gov.uk/guidance/placing-manufactured-goods-on-the-market-in-great-britain-from-1-january-2021