UK confirms indefinite CE marking recognition for machinery products

The online event follows a series of policy measures announced in January to improving product regulation in Great Britain (GB). The session, which CECE was invited to attend, was aimed at informing stakeholders of the different options for placing manufactured products on the UK market. Four key areas covered:

1. Latest policy update

The extension of the CE marking indefinite recognition to 21 product regulations in total (included in the recent DBT’s announcement) will allow manufacturers to apply either the UKCA or CE marking to place a range of products on the GB market. Different methods to apply UKCA marking will be also in place. During the webinar, the DBT representatives confirmed the Government’s intention to deliver ad-hoc legislation this Spring to provide legal certainty. It was also pointed out the two-part approach taken to the Restriction of Hazardous Substances (RoHS Regulations), where the EU regulations and CE making can be used except for the case of EU exemptions that have not been equally provided under the UK regulation. In such a case, the UKCA mark will be required.

2. Fast-Track UKCA process

During the event, it was clarified the functioning of this optional process meant to provide greater flexibility for meeting the UKCA requirements. Planned to be introduced with the same legislation in Spring, manufacturers can resort to this system on a voluntary basis. Following the Fast-Track mechanism, the UKCA making will allow manufacturers to demonstrate products’ compliance with the UK or recognised EU essential requirements as well as conformity assessment procedures. The webinar also touched upon products falling within multiple regulations, where a mix of both UK and EU conformity assessment procedures can be used. Finally, the Fast-Track UKCA is also applicable in case of divergence between a mandated UK regulation and an equivalent EU regulation (not recognised in UK).

3. Product labelling flexibilities

The government also intends to legislate for further measures to provide permanent labelling flexibility. In practice, businesses will continue to have the flexibility to place the UKCA marking on (a) the product itself, (b) the adhesive label, or (c) the accompanying document. During the webinar, the DBT outlined the intention of the Government to introduce legislation on digital labelling to apply the UKCA marking, manufacturer and importer details. However, importer labelling responsibilities remain unchanged.

4. Placing manufactured products on the UK Market

For the 21 product regulations included in the DBT's January announcement, the webinar clarified that both the UKCA and CE marking will continue to be recognised for the placing of products on the GB market. If a third-party assessment is needed, the conformity assessed by a UK Approved body may use the UKCA marking, whereas products assessed by an EU Notified Body may use the CE marking. As regards the Northern Ireland, the CE marking continues to be used for self-assessed products and for those products assessed by an EU Notified Body. On the contrary, the CE + UKNI marking can be used whether mandatory third-party conformity assessment is required, and the assessment is undertaken by a UK Notified Body.

During the ensuing Q&A session, participants raised questions concerning products using both UKCA and CE markings, Declarations of Conformity (DoC) and practical functioning of the Fast-Track UKCA process. In addition, manufacturers have been invited to continue to follow the current version of the guidance which will be updated in due course once the legislation has been laid down.