Blog written by Lindsay Murray, MBDA Secondee

The Department for Business, Energy & Industrial Strategy, and The Rt Hon Grant Shapps MP have announced this week that businesses are to be given 2 additional years to apply new post-Brexit product safety markings. Aiming to provide flexibility for businesses and prioritising growth, businesses are allowed to continue to use either CE markings, or UKCA markings.

  • This move will cut costs for businesses and remove potential disruption. Furthermore, future product marking plans are to be reviewed to minimise costs and burdens for business in the longer term.
  • Whilst the UKCA marking can be used now this extension means businesses can choose to use the CE marking until 31 December 2024.

Business Secretary Grant Shapps said:

“The government is determined to remove barriers to businesses so they can get on with their top priorities, like providing quality customer service, enabling growth, and supporting their staff.

This move will give businesses the breathing space and flexibility they need at this crucial time and ensure that our future system for product safety marking is fit for purpose, providing the highest standard for consumers without harming businesses.”

The government is also reviewing the wider product safety framework, minimising the burdens on business while embracing innovative methods to marking, such as e-labelling.

Care must be taken as not all industry is to be covered by this extension.

Thousands of businesses, including electronics and lift manufacturers, have been given additional time to focus on delivering growth and creating jobs, while giving them flexibility in how they meet their legal obligations.

However, there will be different rules for medical devices, construction products, cableways, transportable pressure equipment, unmanned aircraft systems, rail products, and making sector specific arrangements.

The new UKCA marking covers most goods which previously required the CE marking, known as ‘new approach’ goods, in addition to aerosols that previously required the ‘reverse epsilon’ marking. Businesses are permitted to affix the UKCA marking and include importer information for products from EEA countries on an accompanying document or label until 31 December 2027.

Conformity assessment activities for CE marking undertaken by 31 December 2024 may also be used by manufacturers as the basis for the UKCA marking, until 31 December 2027.

Businesses have been able to use the UKCA mark since 1 January 2021 to demonstrate their conformity with product standards in England, Scotland, and Wales. Under the terms of the Protocol, Northern Ireland will continue to recognise the CE marking for goods placed on the market in Northern Ireland. They will need to use the UKNI marking if they use a UK Conformity Assessment Body to test their products.

For further information, the government has published the UK Market Conformity Assessment Bodies database which businesses can use to identify the appropriate body to certify their products.

For product-specific information, companies are advised to read the Product safety for businesses: A to Z of industry, guidance published by the Office for Product Safety and Standards.

ADS are in continued conversation with government about these changes, and how they may affect members. Please do feel encouraged to contact us with particular concerns. Further information is also available at the Brexit Hub – ADS Group.