Contributors
As the UK continues its post-Brexit transition out of the European Union, new regulatory regimes are being adopted to replace those enforced in the EU. This includes replacing the EU’s CE mark with a new UKCA mark for a variety of consumer and industrial products to indicate that the product meets the applicable requirements, mainly concerning health and safety, as set out in UK legislation.
The CE mark is required for certain types of goods sold within the EU. The manufacturer bears the legal responsibility for ensuring that the declaration of regulatory compliance is accurate. The new UKCA mark serves a similar function for goods sold in Great Britain (GB - England, Scotland and Wales) following the exit of the UK from the EU. The rules are different in Northern Ireland, so please consult those requirements before putting products on the market there.
UKCA marking requirements apply to consumer goods in the following product groups:
- Aerosols
- Ecodesign of energy-related products
- Electromagnetic compatibility
- Equipment for use outdoors
- Low voltage electrical equipment
- Machinery
- Measuring container bottles
- Personal protective equipment (PPE)
- Pyrotechnics
- Radio equipment
- Recreational craft and personal watercraft
- Restriction of hazardous substances in electrical and electronic equipment
- Toys.
Other more industrial product groups are also covered by the UKCA marking regime including:
- Cableways
- Civil explosives
- Construction products
- Energy using products
- Equipment for potentially explosive atmospheres (UKEX)
- Gas appliances
- Lifts (elevators)
- Marine equipment
- Measuring instruments
- Medical devices
- Non-automatic weighing instruments
- Pressure equipment
- Rail interoperability products
- Simple pressure vessels
- Transportable pressure equipment.
Manufacturers need to carefully assess whether their products fall within the scope of UKCA marking legislation as the lists above only cover the main product groups. A product may also be on the borderline of certain groups or it may span across several product groups.
In addition to reviewing the requirements of UKCA marking legislation, manufacturers should consult the UK’s Designated Standards which have replaced the EU’s Harmonised Standards. Certain product groups are required by legislation to comply with Designated Standards and, more generally, compliance
will help manufacturers to demonstrate that their product complies with the essential health, safety and environmental protection requirements as detailed in UK legislation.
As with the CE mark, the UKCA mark must be clearly visible, legible and indelible when affixed to the product.
Applicable products must comply with the requirements of the UKCA marking regime if they are placed on the GB market as of 1 January 2023. The UKCA mark is not recognised in the EU. Products made for the EU market still will need to have the CE mark and meet the EU’s regulatory requirements.
Manufacturers, importers and distributors of applicable products will need to ensure that the appropriate compliance documentation, including a UK declaration of conformity, accompanies goods placed on the GB market as well as ensuring the products are correctly marked and/or labelled in accordance with the requirements of UK legislation. A UK authorised representative may need to be appointed in some instances. Click here for more information from the UK government about UKCA compliance.
Womble Bond Dickinson’s US and UK teams works closely together and support our clients with preparing for the transition from CE to UKCA marking.
Please contact us with any questions about the UKCA transition or manufacturing goods for the GB market.
