CE/UKCA marking post-Brexit

From 1 January 2021 the existing CE marking, which is placed on a range of goods sold in the European Economic Area (“EEA”) will be replaced by UK Conformity Assessment (“UKCA”) marking.

What’s changing?

From 1 January 2021 goods sold in Great Britain will require the UKCA rather than CE marking. The requirements will broadly mirror those of CE marking, so that the majority of goods currently requiring CE marking to be sold in the GB and wider EEA markets will now require UKCA marking in order to be placed in the GB market.

Due to the lack of a customs border between Northern Ireland and the Republic of Ireland, Northern Ireland will align with relevant EU rules in relation to placing of manufactured goods, and so the UKCA marking will not be recognised in Northern Ireland. Instead a new UKNI mark is being introduced which will apply to products placed in the Northern Ireland market by UK manufacturers which have undergone a mandatory third-party conformity assessment by a UK-based body.

The CE marking will cease to be recognised in Great Britain from 1 January 2022, unless it also carries UKCA marking and has complied with the relevant requirements to do so.

Goods continuing to be sold in the EU

UK-manufactured goods being placed in the EEA will continue to require CE marking, as the UKCA marking will not be recognised in the EEA (including Northern Ireland). If products are to be sold in both the GB and EEA markets, they may carry both the CE and UKCA markings assuming they are compliant with both sets of regulations. If a manufacturer plans to export to Northern Ireland they will need to apply a separate UKNI mark.

If manufacturers have obtained a certificate of conformity from a UK-based notified body, they will need to apply for a new certificate from an EU-based body if they wish to continue to sell their products in the EEA as UK-based bodies will no longer be recognised. Some UK-based bodies have established branches in EU member states in order to allow them to do this following the conclusion of the transition period, in which case they will be able to provide certificates of conformity to UK-based manufacturers.

Goods to be sold in Northern Ireland

The CE marking will continue to be used from 1 January 2021 for goods in Northern Ireland to show that they meet EU requirements, but the UKNI marking will need to be applied in addition to the CE marking if the goods are manufactured and assessed in GB.

The UKNI marking will not be applied to goods to be placed in the EEA market which are subject to conformity assessments by an EU-based body. Only the CE marking can be applied to goods to be sold in the EEA.

What do you need to do?

The requirement to attach UKCA marking will not apply to existing stock which has been fully manufactured and is ready for sale prior to the end of the transition period. Additionally, to allow time for manufacturers to adjust to the change in regimes they will be able to continue using the CE marking until 31 December 2021 in certain circumstances.

This is subject to the caveat of the UK and EU requirements remaining the same during this period. The current BEIS guidance is that there are presently no plans to diverge from EU requirements, but of course this does not preclude the possibility that this will occur.

However, goods to be sold in the GB market must have the UKCA mark immediately applied from 1 January 2021 if all of the following apply:

• applicable legislation requires the UKCA marking;
• the product requires a mandatory third-party conformity assessment, as opposed to allowing self-declaration; and
• a conformity assessment of the product has been carried out by a UK-based conformity assessment body and conformity assessment files have not been transferred from the UK body to an EU-based body before 1 January 2021.

At least in the short term, there may not be too much disruption to manufacturers as many will be able to continue applying the CE marking to their products which require this until the end of 2021, as well as being able to continue selling CE-marked goods that have been manufactured and ready for sale prior to the end of the transition period.

However, manufacturers should have already begun to assess whether they will need to apply the UKCA marking to their products and the steps they will need to take in order to ensure they do this in compliance with the UK’s new regulations.

Even if the UKCA marking is not immediately required, further steps may still be necessary to allow manufacturers to rely on CE marking goods produced in 2021.

Additionally, if a UK-based manufacturer’s products are sold in Northern Ireland they will have to take further action to continue doing so and will not simply be able to rely on the existing regime nor the new UKCA marking.

If you are uncertain as to how the government’s advice applies to your manufacturing business or have any queries about what action you may need to take to comply with the change of regime, Ward Hadaway’s team of experts will be able to provide you with the advice needed to ensure your business can continue to run smoothly following the end of the Brexit transition period. Contact us to find out how we can assist you.