GUIDE TO EMC REGULATIONS 2016

Posted by: Carl Hunt Date: 08 Dec 2021

4. OBLIGATIONS OF MANUFACTURERS

5. Where it is not possible to indicate the type, batch or serial number (or other identification) on the apparatus due to its size or nature and /or it is not possible to include the manufacturer’s name, registered trade name or registered trade mark or a postal address on the apparatus, the manufacturer must ensure the information is included on the packaging or in a document accompanying the apparatus.

TÜV SÜD - The above is new wording and aligns with the UKCA logo itself with regard to limitations of labelling due to size or nature of device.

6. Manufacturers must ensure that the apparatus is accompanied by relevant instructions in English.

TÜV SÜD - Previously included in point 5, this requirement has been separated to its own sub-part.

4. OBLIGATIONS OF IMPORTERS

Can you be contacted easily if there is a problem?

In recognition that under the new regulatory regime you may have the new status of an importer when placing apparatus from an EEA state or Switzerland on the GB market, you are temporarily permitted when placing such apparatus on the market (until 31 December 2022) to indicate your name, registered trade name or registered trade mark and a postal address on the apparatus’ packaging or in a document accompanying the apparatus, instead of on the apparatus itself. As set out above, this is usually only permitted where it is not possible to provide the specified information on the apparatus itself. This additional temporary easement is permitted until 31 December 20225.

5 The end date for the easement for importer labelling was not changed by the announcement on 24 August 2021.

TÜV SÜD - This section is a new addition to wording and provides important clarification to the labelling provisions provided up until 31st Dec 2022 only.

4. The importer must provide their name trade, registered trade name or registered trade mark and a postal address at which they can be contacted on the apparatus or, where it is not possible to indicate this on the apparatus, or where the importer has imported the apparatus from an EEA state or Switzerland and places it on the GB market before 31 December 2022, on the packaging of the apparatus or in an accompanying document.

TÜV SÜD - This section is a new addition to wording and provides important clarification to the labelling provisions provided up until 31st Dec 2022 only.

8. TRANSITIONAL ARRANGEMENTS

Existing CE marked stock

The UK continues to recognise the competency of EU recognised conformity assessment bodies (notified bodies) to assess apparatus for the GB market. Products assessed by an EU recognised notified body and placed on the GB market before 31 December 2022 do not need reassessment.

Apparatus which has undergone full conformity assessment under the equivalent EU requirements and bears the CE marking will be deemed compliant with the GB legislation and can be placed on the GB market as if it had been UKCA marked until 31 December 2022.

TÜV SÜD - Dates amended to accommodate the 1 year extension to acceptance of CE marking.

9. UKCA MARKING

Assessment through third-party organisations

If the conformity assessment was carried out by a UK conformity assessment body and the CE marking was affixed to the fully made product before 1 January 2021, the CE marking can still be used, but the apparatus must be placed on the GB market before 31 December 2022.

Where the apparatus has been assessed by an EU notified body, manufacturers must continue to use the CE marking and can continue to place this apparatus on the GB market until 31 December 2022. Qualifying Northern Ireland goods complying with the legislation as it applies in Northern Ireland, including affixing the CE marking, may be placed on the GB market after 31 December 2022. See further detail in Section 10 on Qualifying Northern Ireland Goods.

Rules around physically affixing the new UKCA marking mirror those which applied for the application of the CE marking, although until 31 December 2023, the UKCA marking may be affixed to a label affixed to the apparatus or a document accompanying the apparatus, rather than being affixed to the apparatus itself (even where it is otherwise possible to affix it to the apparatus itself)

TÜV SÜD - Dates amended to accommodate the 1 year extension to acceptance of CE marking.

Self-declaration

Manufacturers placing apparatus on the GB market on the basis of self-declaration of conformity (where permitted in the Regulations) can affix the new UKCA marking before placing the apparatus on the GB market. Alternatively, until 31 December 2022, manufacturers placing apparatus on the GB market can still affix the CE marking, based on self-declaration of conformity (where permitted) by the manufacturer.

It is possible to affix both the UKCA marking and the CE marking to the same apparatus where conformity procedures are based on self-declaration (where permitted), as long as the EU and GB requirements remain the same. When selling to the EU, or placing on the NI market, the CE marking remains mandatory.

TÜV SÜD - Dates amended to accommodate the 1 year extension to acceptance of CE marking. Clarification regarding self-declaration according to Regulations, where some do permit this approach, and others do not.

11. APPROVED BODIES

Approved bodies are conformity assessment bodies which have been approved by the Secretary of State to carry out the procedures for conformity assessment and certification for the GB market as set out in the 2016 Regulations.

TÜV SÜD - Removal of previous reference regarding ‘which were registered UK notified bodies before 1 January 2021’.

4. OBLIGATIONS OF MANUFACTURERS

5. Where it is not possible to indicate the type, batch or serial number (or other identification) on the apparatus due to its size or nature and /or it is not possible to include the manufacturer’s name, registered trade name or registered trade mark or a postal address on the apparatus, the manufacturer must ensure the information is included on the packaging or in a document accompanying the apparatus.

TÜV SÜD - The above is new wording and aligns with the UKCA logo itself with regard to limitations of labelling due to size or nature of device.

6. Manufacturers must ensure that the apparatus is accompanied by relevant instructions in English.

TÜV SÜD - Previously included in point 5, this requirement has been separated to its own sub-part.

4. OBLIGATIONS OF IMPORTERS

Can you be contacted easily if there is a problem?

In recognition that under the new regulatory regime you may have the new status of an importer when placing apparatus from an EEA state or Switzerland on the GB market, you are temporarily permitted when placing such apparatus on the market (until 31 December 2022) to indicate your name, registered trade name or registered trade mark and a postal address on the apparatus’ packaging or in a document accompanying the apparatus, instead of on the apparatus itself. As set out above, this is usually only permitted where it is not possible to provide the specified information on the apparatus itself. This additional temporary easement is permitted until 31 December 20225.

5 The end date for the easement for importer labelling was not changed by the announcement on 24 August 2021.

TÜV SÜD - This section is a new addition to wording and provides important clarification to the labelling provisions provided up until 31st Dec 2022 only.

4. The importer must provide their name trade, registered trade name or registered trade mark and a postal address at which they can be contacted on the apparatus or, where it is not possible to indicate this on the apparatus, or where the importer has imported the apparatus from an EEA state or Switzerland and places it on the GB market before 31 December 2022, on the packaging of the apparatus or in an accompanying document.

TÜV SÜD - This section is a new addition to wording and provides important clarification to the labelling provisions provided up until 31st Dec 2022 only.

8. TRANSITIONAL ARRANGEMENTS

Existing CE marked stock

The UK continues to recognise the competency of EU recognised conformity assessment bodies (notified bodies) to assess apparatus for the GB market. Products assessed by an EU recognised notified body and placed on the GB market before 31 December 2022 do not need reassessment.

Apparatus which has undergone full conformity assessment under the equivalent EU requirements and bears the CE marking will be deemed compliant with the GB legislation and can be placed on the GB market as if it had been UKCA marked until 31 December 2022.

TÜV SÜD - Dates amended to accommodate the 1 year extension to acceptance of CE marking.

9. UKCA MARKING

Assessment through third-party organisations

If the conformity assessment was carried out by a UK conformity assessment body and the CE marking was affixed to the fully made product before 1 January 2021, the CE marking can still be used, but the apparatus must be placed on the GB market before 31 December 2022.

Where the apparatus has been assessed by an EU notified body, manufacturers must continue to use the CE marking and can continue to place this apparatus on the GB market until 31 December 2022. Qualifying Northern Ireland goods complying with the legislation as it applies in Northern Ireland, including affixing the CE marking, may be placed on the GB market after 31 December 2022. See further detail in Section 10 on Qualifying Northern Ireland Goods.

Rules around physically affixing the new UKCA marking mirror those which applied for the application of the CE marking, although until 31 December 2023, the UKCA marking may be affixed to a label affixed to the apparatus or a document accompanying the apparatus, rather than being affixed to the apparatus itself (even where it is otherwise possible to affix it to the apparatus itself)

TÜV SÜD - Dates amended to accommodate the 1 year extension to acceptance of CE marking.

Self-declaration

Manufacturers placing apparatus on the GB market on the basis of self-declaration of conformity (where permitted in the Regulations) can affix the new UKCA marking before placing the apparatus on the GB market. Alternatively, until 31 December 2022, manufacturers placing apparatus on the GB market can still affix the CE marking, based on self-declaration of conformity (where permitted) by the manufacturer.

It is possible to affix both the UKCA marking and the CE marking to the same apparatus where conformity procedures are based on self-declaration (where permitted), as long as the EU and GB requirements remain the same. When selling to the EU, or placing on the NI market, the CE marking remains mandatory.

TÜV SÜD - Dates amended to accommodate the 1 year extension to acceptance of CE marking. Clarification regarding self-declaration according to Regulations, where some do permit this approach, and others do not.

11. APPROVED BODIES

Approved bodies are conformity assessment bodies which have been approved by the Secretary of State to carry out the procedures for conformity assessment and certification for the GB market as set out in the 2016 Regulations.

TÜV SÜD - Removal of previous reference regarding ‘which were registered UK notified bodies before 1 January 2021’

4. OBLIGATIONS OF MANUFACTURERS

5. Where it is not possible to indicate the type, batch or serial number (or other identification) on the apparatus due to its size or nature and /or it is not possible to include the manufacturer’s name, registered trade name or registered trade mark or a postal address on the apparatus, the manufacturer must ensure the information is included on the packaging or in a document accompanying the apparatus.

TÜV SÜD - The above is new wording and aligns with the UKCA logo itself with regard to limitations of labelling due to size or nature of device.

6. Manufacturers must ensure that the apparatus is accompanied by relevant instructions in English.

TÜV SÜD - Previously included in point 5, this requirement has been separated to its own sub-part.

4. OBLIGATIONS OF IMPORTERS

Can you be contacted easily if there is a problem?

In recognition that under the new regulatory regime you may have the new status of an importer when placing apparatus from an EEA state or Switzerland on the GB market, you are temporarily permitted when placing such apparatus on the market (until 31 December 2022) to indicate your name, registered trade name or registered trade mark and a postal address on the apparatus’ packaging or in a document accompanying the apparatus, instead of on the apparatus itself. As set out above, this is usually only permitted where it is not possible to provide the specified information on the apparatus itself. This additional temporary easement is permitted until 31 December 20225.

5 The end date for the easement for importer labelling was not changed by the announcement on 24 August 2021.

TÜV SÜD - This section is a new addition to wording and provides important clarification to the labelling provisions provided up until 31st Dec 2022 only.

4. The importer must provide their name trade, registered trade name or registered trade mark and a postal address at which they can be contacted on the apparatus or, where it is not possible to indicate this on the apparatus, or where the importer has imported the apparatus from an EEA state or Switzerland and places it on the GB market before 31 December 2022, on the packaging of the apparatus or in an accompanying document.

TÜV SÜD - This section is a new addition to wording and provides important clarification to the labelling provisions provided up until 31st Dec 2022 only.

8. TRANSITIONAL ARRANGEMENTS

Existing CE marked stock

The UK continues to recognise the competency of EU recognised conformity assessment bodies (notified bodies) to assess apparatus for the GB market. Products assessed by an EU recognised notified body and placed on the GB market before 31 December 2022 do not need reassessment.

Apparatus which has undergone full conformity assessment under the equivalent EU requirements and bears the CE marking will be deemed compliant with the GB legislation and can be placed on the GB market as if it had been UKCA marked until 31 December 2022.

TÜV SÜD - Dates amended to accommodate the 1 year extension to acceptance of CE marking.

9. UKCA MARKING

Assessment through third-party organisations

If the conformity assessment was carried out by a UK conformity assessment body and the CE marking was affixed to the fully made product before 1 January 2021, the CE marking can still be used, but the apparatus must be placed on the GB market before 31 December 2022.

Where the apparatus has been assessed by an EU notified body, manufacturers must continue to use the CE marking and can continue to place this apparatus on the GB market until 31 December 2022. Qualifying Northern Ireland goods complying with the legislation as it applies in Northern Ireland, including affixing the CE marking, may be placed on the GB market after 31 December 2022. See further detail in Section 10 on Qualifying Northern Ireland Goods.

Rules around physically affixing the new UKCA marking mirror those which applied for the application of the CE marking, although until 31 December 2023, the UKCA marking may be affixed to a label affixed to the apparatus or a document accompanying the apparatus, rather than being affixed to the apparatus itself (even where it is otherwise possible to affix it to the apparatus itself)

TÜV SÜD - Dates amended to accommodate the 1 year extension to acceptance of CE marking.

Self-declaration

Manufacturers placing apparatus on the GB market on the basis of self-declaration of conformity (where permitted in the Regulations) can affix the new UKCA marking before placing the apparatus on the GB market. Alternatively, until 31 December 2022, manufacturers placing apparatus on the GB market can still affix the CE marking, based on self-declaration of conformity (where permitted) by the manufacturer.

It is possible to affix both the UKCA marking and the CE marking to the same apparatus where conformity procedures are based on self-declaration (where permitted), as long as the EU and GB requirements remain the same. When selling to the EU, or placing on the NI market, the CE marking remains mandatory.

TÜV SÜD - Dates amended to accommodate the 1 year extension to acceptance of CE marking. Clarification regarding self-declaration according to Regulations, where some do permit this approach, and others do not.

11. APPROVED BODIES

Approved bodies are conformity assessment bodies which have been approved by the Secretary of State to carry out the procedures for conformity assessment and certification for the GB market as set out in the 2016 Regulations.

TÜV SÜD - Removal of previous reference regarding ‘which were registered UK notified bodies before 1 January 2021’.

View Statutory Guidance

Next Steps

Site Selector