Important changes for companies have resulted from Brexit: Supply Chain restructuring, rules of origin, sanitary and phytosanitary controls, customs etc. One of the major ones is the transition from CE to UKCA marking.
What is the CE Marking?
Definition
It is an administrative procedure for importers or manufacturers to declare their conformity with European health, safety, and environmental protection standards for products sold within the European Economic Area (EEA). The CE marking is not considered a quality measure nor a certification.
What differentiates CE from UKCA?
CE represents the European Conformity (“Conformité Européenne »). Meanwhile, the UKCA – which stands for the UK Conformity Assessed – is a news British product label for goods sold on the British market (England, Scotland, Wales). It will however not be recognised on the EU market.
Is UKCA Compulsory?
Once the Brexit implementation period ended, the UKCA marking became compulsory. However, until January 1, 2028, the CEO marking will keep being a valid substitute.
UKCA Marking in Great Britain: the Timeline of its introduction
On December 31, 2027, the UKCA marking will be mandatory. CE & UKCA marks of both can be used by business up until January 1, 2028. From 2028 onwards, the only marking recognised in Great Britain will be the UKCA, excluding the CE marking from the UK market.
WHEN DO COMPANIES HAVE TO USE THE UKCA MARKING?
Here is what you should know
If all of these conditions are met, you have to use the new UKCA marking before January 1, 2028. Your product:
- is going to be sold in the United Kingdom
- has legislation requiring the UKCA marking
- requires a mandatory third-party conformity assessment
- has gone through the conformity assessment by a UK conformity assessment body
This will not impact your CE marked existing stock fully produced before January 1, 2028. You will still be able to sell your product with the CE marking in Great Britain if it is protected by a certificate of compliance granted by a UK body before January 1, 2028. These goods must be launched on the market before December 31, 2027.
WHO TAKES THE RESPONSIBILITY FOR THE UKCA MARKING?
It is either the manufacturer or an authorised representative (the same applies for the CE marking). A good should only be marked UKCA by either you, the manufacturer, or your authorised representative. By having the UKCA mark, you agree to full liability for the compliance of your good with the requirements of the relevant legislation.
CAN THE UKCA MARKING BE SELF-CERTIFIED?
A UKCA marking self-declaration of conformity can be used just like the CE marking. If you were permitted to make a self-declaration of conformity for the CE marking, the same should be possible for the UKCA marking.
COST OF THE UKCA MARKING
The UKCA logo is free, however adding it to your packaging and products can cost money. However, it does not require to be integrated to your good until January 1, 2028.
When to use the CE Marking?
To obtain your CE marking, it will be required that you operate with a Notified Body registered in an EU27 Member State. You will be able to use the CE marking in the EU and the UK until the end of 2027.
Can the UKCA and CE marking be both affixed?
Only the UKCA marking is only necessary for goods sold in the UK. However, the product can bear both the CE and the UKCA marking for more convenience.
HOW TO PREPARE FOR THE UKCA MARKING?
The UKCA marking is basically a duplicate of the CE marking process since they mostly follow the same standards. It will essentially depend on the nature of your business. If your product requires the service of a third-party conformity assessment, you need to ask if they can provide you with UKCA marking-related services. The organisation has to be approved for UKCA. The UK’s standards organisation (BSI) is still a member of the European Standards Organisations, which is in charge of coordinating standards on EU soil.
For industries using safety-critical products (e.g., lifts, cars, medical devices), the transition to UKCA marking will be very challenging.
UKCA MARKING: THE CHALLENGES IT IMPLIES FOR DIFFERENT INDUSTRIES
More administrative procedures and additionnal costs
#1
The UKCA marking must be handled by UK approved bodies, but their capacity is not sufficient. Some goods may not exist in a UKCA-marked format, which can result in anomalies.
#2
British companies will need to ask their suppliers to obtain a UKCA marking. This can discourage them to work with UK businesses.
#3
Companies (both in the UK and the EU) importing goods from the other jurisdictions are exposing themselves to legal risk.
WHAT HAPPENS IF THE STANDARDS FROM THE EU AND THE UK DIFFERS?
Given that the UK is starting to diverge from EU standards, this will inevitably affect companies on both sides. They will have to test their goods for two separate regimes, which can stop certain products from being sold in the EU. Overall, this might make UK goods more expensive and less competitive. As such, the deadline has already been extended to January 1, 2028 following complaints from certain organisation and trade associations who fear this will have major negative consequences.
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