On 1 August 2023, the Department for Business and Trade (DBT) announced an indefinite extension to the use of CE marking in Great Britain beyond the previous 31 December 2024 deadline, giving businesses flexibility to choose between the CE marking and the UK Conformity Assessed (UKCA) marking for the Great Britain market for the foreseeable future.  

The announcement covers the regulations falling within DBT’s remit including the regimes applicable to toys, EMC, radio equipment, PPE, machinery and LVD (the full list is available here).  It confirms that other government departments will communicate their plans in respect of other CE/UKCA marking regimes (such as Ecodesign and Restriction of Hazardous Substances (RoHS)) in due course.

The DBT has described the extension as a “key ask from businesses” and said that it is intended to “cut business costs and time required to place products on the market and benefit consumers”.  The development will be welcomed by industry and manufacturers who have voiced concerns from the outset about the adoption of new UK rules that would duplicate EU product standards.

Businesses have been able to use the UKCA mark voluntarily since 1 January 2021 to demonstrate their conformity with product standards in England, Scotland and Wales. This latest announcement follows on from a number of other previously announced delays to the mandatory use of UKCA marking (see our previous blog post here).

Author

Adeel Haque is an Associate in Baker McKenzie's London office. Adeel qualified in September 2019 and has spent time working in the Firm's Hong Kong office. He advises clients on international trade (trade sanctions and export controls), competition, product regulatory, environmental, anti-bribery and corruption and customs law issues.

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Rachel MacLeod is an Associate in Baker McKenzie's London office. She advises companies on the "cradle-to-grave" regulation of a broad range of products sold on the EU and UK markets and also advises companies on how to comply with their operational environmental and health & safety obligations.

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Graham Stuart is a partner in Baker McKenzie's London office specialising in product regulation and environmental, health and safety law. Graham advises on the regulation of pharmaceuticals, medical devices, chemicals, food, and a wide range of consumer and industrial products, acting for clients in connection with global integrations and reorganisations; product manufacturing, marketing, supply and distribution; EU and UK product authorisation regimes; non-conformities, regulatory investigations and prosecutions. His practice also covers operational environmental, health and safety matters for industrial and manufacturing facilities; the assessment and management of environmental risk in complex multi-jurisdictional projects, mergers and acquisitions; and climate change law and emissions trading.