CE-marked goods on the Great Britain market: Extended timelines

The UK’s Department for Business, Energy & Industrial Strategy (BEIS) recently announced that businesses will be given an additional two years to apply the UKCA marking to certain products being placed on the Great Britain market (i.e. England, Scotland and Wales). The original deadline to use such UKCA marking was at the end of 2022. BEIS cites the current economic climate brought about by post-pandemic shifts in demand and supply, alongside the war in Ukraine and the associated soaring energy prices, as the main reason why the UK Government has eased the burden on business with the requirement to meet the original deadline.

It is important to note that while this relaxation applies to most products subject to CE/UKCA marking, it does not apply to all. Specific labelling and other rules continue to apply to certain categories of products (notably, medical devices – see our recent update here). The updated BEIS guidance provides further insights on this, specifically determining which rules apply to which products.

The general UKCA marking guidance has also been updated. While businesses are already free to affix the UKCA marking onto applicable products placed on the Great Britain market in accordance with the relevant requirements, as mentioned above, CE marked good may continue to be placed on the Great Britain market until 23:00 on 31 December 2024.

In an attempt to ease the additional labelling costs borne by businesses, an additional extension is intended in relation to the practical requirement to affix the UKCA marking on the product itself. In relation to a wide range of products, the Government intends to introduce legislation enabling the UKCA marking to be placed on a label affixed to the product or on a document accompanying the product until 23:00 on 31 December 2027.

Guidance in relation to conformity assessment has also been amended. Essentially, where mandatory third-party conformity assessment was required for CE marked products, this is also required for UKCA marked products. Amongst other measures being introduced in an attempt to reduce re-certification/re-testing costs for UKCA marking, the Government intends to introduce legislation to continue to allow conformity assessment activities undertaken by EU-recognised Conformity Assessment Bodies (EU CAB) for CE certification until 23:00 on 31 December 2024 to be used by manufacturers to declare existing product types as compliant with UKCA requirements (and should therefore be UKCA marked) for purposes of the Great Britain market. However, products will need to undergo conformity assessment with a UK Approved Body at the expiry of the (EU CAB) certificate or after 31 December 2027, whichever is sooner.

Should you have any questions regarding the above or any other product compliance regulatory matter in the UK or abroad, please do not hesitate to reach out to us.