The new UK domestic regime will cover most goods currently subject to the EU’s CE marking. The technical requirements for these goods will be the same on 1 January 2021 as they are now. However, there will be certain changes, including the introduction of the UKCA marking and a system of third-party conformity assessment by UK-recognised approved bodies, in place of the current EU system of notified bodies.
There is a ‘standstill period’ which for most CE marked goods will last from 1 January 2021 until 31 December 2021. During this time businesses are encouraged to be ready for full implementation of the new UK regime as soon as possible after 1 January 2021. However, to allow businesses time to adjust, CE marked goods in scope of this guidance that meet EU requirements (where these match UK requirements) can continue to be placed on the GB market until 1 January 2022 where EU and UK requirements remain the same. This includes goods which have been assessed by an EU recognised notified body.
These transitional measures will only apply until the 1 January 2022. From this point the UKCA mark will be required to be displayed on products, where the CE mark is currently used, to show compliance to the UK domestic regime. To ease the burden on businesses, until 1 January 2023 for most UKCA marked goods there is the option to affix the UKCA marking on a label affixed to the product or on an accompanying document. The economic operators (whether manufacturer, importer, or distributor) should take reasonable steps to ensure the UKCA marking remains in place. From 1 January 2023, the UKCA marking must, in most cases, be affixed directly to the product.
There are four links to guidance:
- Placing UKCA and CE marked goods on the GB market from 1st January 2021: www.gov.uk/guidance/placing-manufactured-goods-on-the-market-in-great-britain-from-1-january-2021
- Placing manufactured goods on the EU market from 1st January 2021: www.gov.uk/guidance/placing-manufactured-goods-on-the-eu-market-from-1-january-2021
- Prepare to use the UKCA marking from 1st January 2021: www.gov.uk/guidance/using-the-ukca-mark-from-1-january-2021
- Conformity assessment bodies: status from 1st January 2021: www.gov.uk/guidance/conformity-assessment-bodies-change-of-status-from-1-january-2021
In addition, two new SIs were laid before Parliament on 13 October relating to Northern Ireland:
- NI Protocol SIs for both consumer & industrial goods – Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020: https://www.legislation.gov.uk/uksi/2020/1112/made.
- The “Affirmative Policy SI” – Product Safety and Metrology etc. (Amendment etc.) (UK(NI) Indication) (EU Exit): https://www.legislation.gov.uk/ukdsi/2020/9780348213393/contents.
- New UKNI Marking guidance: https://www.gov.uk/guidance/using-the-ukni-marking-from-1-january-2021
This guidance relates primarily to goods regulated by the Department for Business energy and Industrial Strategy (BEIS) under the areas listed in the guidance. This guidance does not wholly apply to medical devices, rail interoperability, construction products and civil explosives; goods regulated under the old approach (chemicals, medicines, vehicles and aerospace) and goods covered by national rules (see the UK specific rules guidance for more information).
Contact goodsregulation@beis.gov.uk for further information regarding this guidance.