Everything you need to know about CE, UKCA, and UKNI certified products…
When it comes to selling in the UK and EU there are many complexities that come with ensuring your products are compliant. It can be hard to keep up with the most recent and relevant updates to you and your business. Therefore, we have compiled a ‘cheat sheet’ to help you navigate the storm of ever-changing information and guarantee your success when selling internationally.
CE Marking vs UKCA Marking
Now that the UK has left the EU in the wake of Brexit. The previously existing CE marking has been divided into both the CE Marking for EU-based products and the new UKCA marking for UK products.
If you had already placed CE-marked goods on the EU or UK markets before 1 January 2021, you do not need to take any action for those goods. You can still use the CE marking until 1 January 2022 for goods placed on the GB market (more in some cases). In this case, businesses can use their EU Declaration of Conformity until 1 January 2022.
• Businesses should take steps to comply with the new domestic regime.
• CE marked goods that meet EU and GB requirements can continue to be placed on the GB market in most cases until 1 January 2022.
• If you are placing manufactured goods on the EU market you must comply with EU requirements.
• The CE marking is still required for products placed on the EU market.
USING THE UKCA MARKING
The UKCA (UK Conformity Assessed) marking regime is a new product marking that is used for goods being placed on the market in Great Britain (England, Wales, and Scotland). It covers most goods that previously required the CE marking and, like the CE mark, demonstrates that all the requirements of the legislation have been met.
You must be ready to use the UKCA marking from 1 January 2022 for most goods*, although you should look to use the UKCA marking as soon as possible.
From 1 January 2021:
The UKCA marking came into effect, so you can already use it on your products
From 1 January 2022:
It is mandatory to use the UKCA marking in most cases.
You have the option to attach the UKCA marking on a label affixed to the product or on an accompanying document.
From 1 January 2023:
The UKCA marking must, in most cases, be affixed directly to the product.
WHAT BUSINESSES NEED TO DO
Ensure your business has taken the necessary steps:
➢ Step 1: Check whether your product needs the UKCA marking by visiting here. If your product was previously CE marked or used the reverse epsilon marking you will now need to use the UKCA marking.
➢ Step 2: Check the appropriate route for conformity assessment.
Check the guidance to work out whether you need to self-declare or use a third-party conformity assessment. If you previously used the CE mark you should follow the same rules to choose your method of conformity assessment.
➢ Step 3: For third-party conformity assessment only – Identify an appropriate notified body.
You can identify UK Approved Bodies using the UK market conformity assessment bodies (UKMCAB) database.
➢ Step 4: Draft the technical documentation and Declaration of Conformity.
The UK Declaration of Conformity attests that the manufacturer or authorised representatives have ensured the safety of the product. The contents of the UK Declaration of Conformity vary depending on the product.
➢ Step 5: Affix the UKCA marking and prepare to place your goods on the market.
As the manufacturer, you must place the UKCA marking on the product itself or where the rules allow it, on the packaging or on accompanying documentation. You may appoint an authorised representative to do this for you.
FREQUENTLY ASKED QUESTIONS
Q. Are there areas where other rules to UKCA marking apply?
A. It is mandatory to use the UKCA marking in most cases from 1 January 2022, with the following exceptions; medical devices, rail interoperability, construction products and civil explosives, products requiring eco-design and energy labelling).
Q. What is the status of existing CE stock that has not been placed on the market before 2022 in Great Britain?
A. If existing stock is first placed on the market after 1 January 2022, it will require the UKCA marking.
Q. Can you define ‘Placing a good on the market’?
A. A product is placed on the market when there is an offer or an agreement, verbal or written for the transfer of the ownership, possession or any other kind of right, excluding intellectual property rights, concerning the product. It applies to each individual good. See Placing goods on GB market.
USING THE UKNI MARKING
The UKNI marking is a new conformity marking for products placed on the market in Northern Ireland (NI) which came into force on January 1, 2021. You need to use it on your products, alongside the CE marking, if they have undergone mandatory third-party conformity assessment by a UK-based body. Notified Body, you only need to apply the CE marking.
Third-party conformity assessment
If you are using a UK Notified Body, you need to apply a UKNI marking, in addition to the CE marking i.e. CE+UKNI.
If you use an EU recognised Notified Body, you only need to apply the CE marking.
Self-declaration
If you self-declare or your conformity assessment is carried out by an EU Notified Body, you should continue using the CE marking when placing goods on the market in NI and you must not add the UKNI marking. conformity assessment is carried out by an EU Notified Body, you should continue using the CE marking when placing goods on the market in NI and you must not add the UKNI marking.
WHAT DO BUSINESSES NEED TO DO?
Ensure your business has taken the necessary steps:
➢ Step 1: Check whether your product needs the UKNI marking by visiting here.
If your product was previously CE marked or used the reverse epsilon marking you may now need to use the UKNI marking.
➢ Step 2: Check whether your product needs a third-party conformity assessment.
Check the guidance to work out whether the relevant regulations allow you to self-declare compliance or you must use a third-party conformity assessment body. If you were able to self-declare before the UK left the EU, you can continue to self-declare and use the CE marking.
➢ Step 3: For third-party conformity assessment only – Identify an appropriate notified body.
You can identify UK Notified Bodies, for goods placed on the market in Northern Ireland, using the UK market conformity assessment bodies (UKMCAB) database.
You can identify EU Notified Bodies using the New Approach Notified and Designated Organisations (NANDO) website.
➢ Step 4: Draft the technical documentation and EU Declaration of Conformity.
The EU Declaration of Conformity attests that the manufacturer has ensured the safety of the product.
The contents of the EU Declaration of Conformity vary depending on the product.
➢ Step 5: Affix the CE marking and, where applicable, the UKNI marking and prepare to place your goods on the market.
As the manufacturer, you must place the CE marking and, where applicable, the UKNI marking on the product itself or where the rules allow it, on the packaging or on accompanying documentation. You may appoint an authorised representative to do this for you. Where a Notified Body is involved, the marking must be followed by the Notified Body’s identification number.
FREQUENTLY ASKED QUESTIONS
Q. Will UKCA marked goods be accepted on the NI market without the UKNI marking?
A. No, the valid markings for placing goods on the NI market will be the CE marking or the CE + UKNI markings. The UKCA marking can appear alongside the CE or the CE + UKNI markings if you are planning on selling your good on the GB and NI market and both sets of relevant rules have been met.
Q. Can you sell CE + UKNI marked goods in the EU?
A. No, products with the CE+UKNI marking cannot be sold in the EU. If your product requires mandatory third-party conformity assessment, you will need to use an EU Notified Body and then can CE mark your products.
A. Under unfettered access, qualifying Northern Ireland goods that are CE marked from an EU notified body can be placed on the GB market without any requirements.
Q. Can you define ‘Placing a good on the market’?
A. A product is placed on the market when there is an offer or an agreement, verbal or written for the transfer of the ownership, possession, or any other kind of right, excluding intellectual property rights.
Hopefully this article has been helpful in understanding some of the complexities within the compliance that goes behind selling certain product categories in the UK and EU. If you have any questions that aren’t answered here, or need some support in ensuring your business/products are following the regulations correctly, feel free to reach out to our expert team of Compliance officers who are on hand to assist you.