The UK product marking requirement that will be needed for products being placed on the market in Great Britain
UKCA marking (UK Conformity Assessed marking) is the UK product marking requirement that will be needed for products being placed on the market in Great Britain (England, Scotland and Wales), substituting the EU requirements for CE Marking (CE marking will continue to be accepted in Northern Ireland). UKCA marking will indicate that a product placed on the United Kingdom market meets the UKCA Marking requirements. UKCA marking was specified in the original ‘EU Exit’ UK Statutory Instruments, and for most products this is defined in UK Statutory Instrument 2019 No. 696 and amendments (exceptions being Automotive, Marine and Medical devices for example).
‘EU exit’ UK Statutory Instruments and amendments require UKCA marking for products that can be self-declared or currently need a notified body assessment, and are not impacted by EU withdrawal agreement discussions. Initially the UKCA marking requirements will align with CE marking requirements that they replace, but overtime divergence is possible. Note – Additional requirements may need to be considered for products being placed on the UK Northern Ireland market due to separate Northern Ireland Protocol requirements.
UKCA can be used to replace the CE Marking requirements at the end of the European Union exit transition period. This is referred to officially as the implementation period completion day (“IP Completion day”) which is scheduled to occur at 23:00 on 31st December 2020.
The UK Government has released updated guidance for UKCA marking and for most products a transitional arrangement for acceptance of CE marking until 1st January 2022 has currently been stated (the exception being medical devices for example which is longer). This will need to be backed by updated or amended “EU Exit Statutory Instruments” in the future before this becomes legislation.
Today, the vast majority of law in the UK is made through Statutory Instruments. Now that the United Kingdom has left the European Union, the European Union (Withdrawal) Act 2018 and the European Union (Withdrawal Agreement) Act 2020 allow Statutory Instruments to be made which rescind and amend legislation which originally emanated from Europe. These Statutory Instruments can be referred to as the ‘EU Exit’ Statutory Instruments.
As TÜV SÜD is a global company, we have offices in multiple locations to be able to satisfy both CE and UKCA requirements. TÜV SÜD have EU and UK based Notified Bodies and TÜV SÜD BABT will automatically become a UK Approved Body designated by the UK secretary of state.
TÜV SÜD UK will still be UKAS ISO 17025 accredited and an ILAC member, this will remain acceptable for all test and certification requirements with for example Mutual Recognition Agreements, as with the U.S. for FCC testing and TCB work.
TÜV SÜD BABT are well progressed in developing UKCA certification requirements for a range of products utilising an experienced global certification team.
Updated 9 October 2020
Understand the complex requirements for ongoing UK compliance
28 October 2020 | 14:00 BST
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