Brexit and CE Marking
In the absence of any trade deal to the contrary over the next three weeks, the following guidance is given in relation to those products and goods historically requiring CE marking before being put on the market in the UK and in the EU:
- As a general rule, CE marking of products and goods will be accepted in the UK until 1 January 2022.
- The UK Conformity Assessed (UKCA) Mark is the new UK product mark for products and goods. From 1 January 2021 UKCA marking will begin to replace CE marking for goods being placed on the UK market.
- You should be ready to use the UKCA mark instead of CE marking as soon as possible.
- The UKCA mark will not be recognised for products being placed on the EU market. The CE mark will be retained in the EU and so products which currently require a CE mark will continue to require one after Brexit if they are to be sold in the EU.
- Up until 31 December 2022 the UKCA mark can be placed directly on the product or on a label or in the accompanying manual. From 1 January 2023 the UKCA mark can only be placed directly on the product. As such, now is the time to start building this into your design process.
- If you have already placed your goods on the market in an EU country or in the UK before 1 January 2021, you do not need to do anything new.
- However, from 1 January 2021, to place products and goods onto the EU market, a conformity assessment must be done by an EU-recognised “Notified Body”. The UKCA mark will not be recognised for products being placed on the EU market.
- From 1 January 2021 UK-based “Notified Bodies” who do not choose to continue to also meet EU requirements, will become UK Approved Bodies under UK legislation. Such UK Approved Bodies will not be able to apply a CE mark (unless agreed as part of a future trade deal with the EU) but will only be able to apply the UKCA mark.
- Whilst businesses are encouraged to be ready for full implementation of the new UK regime as soon as possible after 1 January 2021, to allow time to adjust, CE marked goods that meet EU requirements and meet or match UK requirements can continue to be placed on the GB market until 1 January 2022. This includes products or goods which have been assessed by an EU recognised body.
- Be warned, however, if the EU change their rules and you CE mark your goods based on new EU rules which are different from the requirements in the UK, you will no longer be able to use the CE mark in the UK. This will be the case even if the change happens before 1 January 2022.
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The content of this page is a summary of the law in force at the date of publication and is not exhaustive, nor does it contain definitive advice. Specialist legal advice should be sought in relation to any queries that may arise.
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