What does the UKCA mark mean?
The UK Conformity Assessment Mark will be a mandatory mark on products indicating compliance with UK legislation. The manufacturer or his authorised representative is responsible for affixing the UKCA mark on the product, which is the same principle as for the CE marking, but for the UK market.
Will the CE marking remain valid for products placed on the UK market?
For most products placed on the UK market, the CE marking will only be valid until 31 December 2021. Some exceptions are medical devices
and construction products, for more information on the deadlines of the UKCA mark please read here.
What are the differences between the UKCA mark and the CE mark?
Many of the differences between the two systems are administrative in nature and reflect that the UKCA applies only in the UK and only requires information in English. This simplifies some aspects, such as where the technical information must be stored and which language applies. Other differences relate to the separation of the UK conformity assessment bodies from the EU notified body system as described below.
What aspects of UKCA do not change compared to CE?
Many aspects are the same; the scope of the products covered, the technical requirements (basic requirements, standards) and the conformity assessment procedures will initially all be the same. If your product is sold in both the EU and the UK, the technical documentation showing that it meets these requirements will also be the same.
How will the UKCA mark affect Northern Ireland?
Products placed on the market in Northern Ireland (and in the EU) must be CE marked regardless of their origin.
Products placed on the UK market must bear the UKCA mark, as described above, regardless of their origin, with one exception: companies in Northern Ireland will be in a special position to (CE mark) or the United Kingdom (UKCA mark) are certified to deliver to the United Kingdom.
Can I apply both the CE and UKCA marks on my product?
Yes, provided they meet the associated requirements. It is already common practice to apply several conformity marks on internationally sold products.
What specific UK laws must be observed when marking UKCA?
In order to implement the new regulation, the UK government has adopted several regulations (statutory instruments) to amend the current legislation. The main regulations are product safety and measurement technology, etc (amendment, etc.) (EU exit) Regulation 2019, which has a volume of 659 pages. These rules change most UK CE marking requirements for products placed on the UK market and require the UKCA mark. Where a directive requires CE marking and UK regulations have already been established, the changes are limited to
- replacing the CE mark with the UKCA mark,
- restriction of applicability to products for the UK market,
- change of references to Notified Bodies in Approved Bodies,
- change of language references to English.
- In cases where an EU regulation on CE marking is amended and not a directive, more substantial changes were required, similar to the regulations implementing the directives.
- Further regulations are expected in October, including one that limits the application of the amending regulations and UKCA marking to the UK, leaving the CE marking regulation for Northern Ireland unchanged.
According to which standards must the UKCA marking be carried out?
The British Standards Institution (BSI) firmly adheres to its commitment to EN and international standards systems, and harmonized standards remain the best practice for both CE and UKCA marking. In the UK, they are referred to as "Designated Standards", and the lists of harmonised and designated standards will initially be the same. It is unlikely that the BSI will withdraw the EN standards, but the list of standards designated by the UK will likely vary slightly over time as UK authorities such as the HSE have their influence on standards they do not like, be asserted. Since the UK’s membership of the EU comes to an end on 31 January 2020 ("Brexit"), the UK is in a transitional phase in which it remains part of the EU internal market, which is expected to end on 31 December 2020 at 11 pm. ). The UKCA (United Kingdom Conformity Assessed or UKCA) mark will be gradually introduced from 1 January 2021 to replace the CE mark in the United Kingdom, with the CE mark temporarily remaining in force to facilitate the changeover.
What other measures are required for the UKCA marking?
Other aspects that have a direct impact on manufacturers and importers are
- From 1 January 2021, importers of products marketed in the United Kingdom must be established in the United Kingdom. Your product labelling obligation can be fulfilled by information on the accompanying documents of the product for a period of 18 months.
- Authorised representatives already established in the EEA will continue to be recognised in the UK, but those established after 31 December 2020 must be established in the UK.
- Organisations based in the EU that import UK products for marketing in the EU become "importers" with increased responsibility for compliance. Currently, these organizations are classified as "distributors" with responsibility for reviewing statements, instructions and labels. As importers, they must also check whether the products have adequate technical documentation, which is a significant additional obligation, and they must also indicate their name and address on the product.
What is the impact of Regulations (EU)2019/1020 on UKCA labelling?
Regardless of the UK’s exit from the EU, Regulation (EU)2019/1020 will introduce important changes to producers' obligations in July 2021, which are likely to affect UK and other non-EU producers who want to export to the EU internal market. This Regulation was adopted with the aim of better protecting the EU internal market against non-compliant products and avoiding gaps in the system of application of the law, in particular with regard to the increasing number of products, offered for sale online to consumers within the EU. It states that for producers based outside the EU, the responsible economic operator established in the EU must be one of the following:
- an importer
- a representative appointed by the manufacturer
- a fulfillment service provider handling the product if neither of the above-mentioned exist
