The Department for Business and Trade (“DBT“) announced in a January 2024 Policy Update its intention to propose legislation in Spring 2024 which would indefinitely recognise CE marking for most types of products sold in Great Britain meaning that UKCA marking would never become mandatory for those products. Note, as a result of the Windsor Framework Agreement, CE marking was to remain mandatory for the Northern Ireland market in any event.
The indefinite extension of CE marking recognition was initially announced in August 2023 (as discussed in our earlier blog post here). The Policy Update confirms that continued recognition of the CE, along with reversed epsilon markings, will apply to 21 product regulations. These include 18 product regulations owned by the DBT (which were covered by the August announcement) as well as a further three regimes which notably include the ecodesign regime and, in most circumstances, the restriction of hazardous substances in electrical equipment (RoHS) regime. A full list of regulations can be found at Annex A of the Policy Update. This move will enable businesses the flexibility to choose whether to use CE or UKCA marking to place relevant products on the Great Britain market.
Meanwhile, a new Fast-Track UKCA Process will allow manufacturers to place products on the Great Britain market using the UKCA marking where these manufactures demonstrate that they have met either UK, or recognised EU, essential requirements. Where products fall within multiple regulations, a mixture of UK and EU conformity assessment procedures can be used to demonstrate compliance with UK requirements. Note, Fast-Track UKCA is optional and many manufacturers will likely choose to simply use the CE mark where their products are also supplied in the EU.
Additional legislation, full details of which has not yet been announced, will also be introduced to provide permanent labelling flexibility allowing:
- the UKCA marking to be placed on a sticky label or accompanying document rather than permanently affixed to the product;
- importers of goods from countries outside the UK to provide their details on an accompanying document, the packaging, or on an adhesive label instead of on the product itself; and
- digital labelling in some circumstances.
These announcements follow a series of delays to the planned mandatory use of the UKCA marking (see our previous blog post here), and the DBT hopes that the new measures will provide businesses with longer-term certainty and flexibility when selling products in Great Britain. Notably, these announcements do not cover medical devices or construction products where the relevant government departments are providing for their own arrangements.
