This morning, the UK government announced plans to extend recognition of CE marking ‘indefinitely’ beyond the upcoming December 2024 legislative deadline for certain products placed on the Great Britain market (England, Wales and Scotland). This announcement means that the UK Conformity Assessed (UKCA) mark will no longer be required on many products, which is a significant change of position from the UK government. The details – including how divergence will be accommodated – are not yet clear, so there are a number of unanswered questions. However, read on for what we know so far.
The press release does not contain full details about how this will apply. For example, it is unclear whether businesses will be required to choose either the CE or UKCA mark or whether both can be used. Moreover, it is not yet clear what approach the UK government is proposing where UK product safety requirements do not align with European Union requirements. Where there is divergence, a CE mark will not be equivalent to a UKCA mark, so it is unclear how a CE mark could be accepted by UK authorities. In practice, the continued recognition of CE marking will only work effectively if there also is a broader intention to not depart from EU product safety rules – which would effectively mean the UK is giving up its ability to set its own safety rules post-Brexit.
The next step is for the UK government to table draft legislation to enact these changes and update guidance, which should provide further clarification on the ongoing requirements. We will continue to monitor the position and will blog about any updates
The announcement applies to the following 18 product categories under the remit of the Department for Business and Trade:
- Toys
- Pyrotechnics
- Recreational craft and personal watercraft
- Simple pressure vessels
- Electromagnetic compatibility
- Non-automatic weighing instruments
- Measuring instruments
- Measuring container bottles
- Lifts
- Equipment for potentially explosive atmospheres (ATEX)
- Radio equipment
- Pressure equipment
- Personal protective equipment (PPE)
- Gas appliances
- Machinery
- Equipment for use outdoors
- Aerosols
- Low-voltage electrical equipment
According to updates made to guidance, there are separate plans to be communicated for certain other products – such as medical devices, construction products, unmanned aircraft systems, marine equipment and ecodesign (among others). We also will monitor these changes and blog about updates in due course.
Please get in touch with any member of the Cooley products team if you have any questions regarding the announcement or about how this development may impact your business.
