Goodbye CE Certification – Hello UKCA

The UK Conformity Assessed (UKCA) mark is the new marking requirement that must be used on goods placed on the market in Great Britain to confirm that they are compliant with UK legislation. As a result of Brexit, the UKCA mark will replace the existing Conformitè Europëenne (CE) marking which was introduced by the EU and with which most will be familiar.

To allow businesses time to adjust to this requirement, the Government have stated that this requirement is only enforceable from 11pm on 31 December 2022.

However, the deadline date is approaching fast, and businesses must prepare for full implementation of the new requirement as soon as possible to prevent action by an enforcement body. Failure to comply could mean that those products will be taken off the market and may leave businesses liable for a fine or prosecution.

To prevent this from occurring businesses must take the following steps:

• Check if the product needs UKCA marking.
• If so, proceed with the conformity assessment route: self-declaration or third-party conformity assessment.

 

Checking if the product needs UKCA marking

Products placed onto the market in the UK for the first time after 11pm on 31 December 2022 will require UKCA certification.

However, there are different rules for products regulated under other regulatory frameworks. If you would like further guidance on what regulations apply to your products, then please contact us and our team will be more than happy to assist.

 

Self-Declaration Route

If manufacturers self-declare for the CE mark, then they can self-declare for the UKCA mark. Otherwise, they must check whether their product can be self-declared and retain documentation that shows the product complies with GB legislation.

 

Third Party Conformity Assessment

This must be carried out by a UK-Approved Body. Whilst the assessment is ongoing, a Declaration of Conformity must be drawn up by manufacturers. Upon completion of the assessment, a certificate of conformity will be issued.

Upon completion of either of the above steps, the UK Declaration of Conformity must then be signed and the UKCA marking must be affixed to the products.

If you have any queries about the specific rules of the UKCA marking, then please contact Naila Hussain at NailaHussain@chadlaw.co.uk