Updated guidance on GOV.UK regarding the UK domestic regime for manufactured goods which comes into force on 1 January 2021:
The new UK domestic regime will cover most goods currently subject to the EU’s CE marking. The technical requirements for these goods will be the same on 1 January 2021 as they are now. However, there will be certain changes, including the introduction of the UKCA marking and a system of third-party conformity assessment by UK-recognised approved bodies, in place of the current EU system of notified bodies.
One point I wanted to bring to your attention is on the ‘standstill period’ which for most CE marked goods will last from 1 January 2021 to 31 December 2021. During this time businesses are encouraged to be ready for full implementation of the new UK regime as soon as possible after 1 January 2021. However, to allow businesses time to adjust, CE marked goods in scope of this guidance that meet EU requirements (where these match UK requirements) can continue to be placed on the GB market until 1 January 2022 where EU and UK requirements remain the same. This includes goods which have been assessed by an EU recognised notified body.
These transitional measures will only apply until the 1 January 2022. From this point the UKCA mark will be required to be displayed on products, where the CE mark is currently used, to show compliance to the UK domestic regime. To ease the burden on businesses, until the 1 January 2023 for most UKCA marked goods you have the option to affix the UKCA marking on a label affixed to the product or on an accompanying document. The economic operators (whether manufacturer, importer, or distributor) should take reasonable steps to ensure the UKCA marking remains in place. From 1 January 2023, the UKCA marking must, in most cases, be affixed directly to the product. You should start building this into your design process ready for this date.
There are four links to guidance we would like to bring to your attention:
- Placing UKCA and CE marked goods on the GB market from 1st January 2021: www.gov.uk/guidance/placing-manufactured-goods-on-the-market-in-great-britain-from-1-january-2021
- Placing manufactured goods on the EU market from 1st January 2021: www.gov.uk/guidance/placing-manufactured-goods-on-the-eu-market-from-1-january-2021
- Prepare to use the UKCA marking from 1st January 2021: www.gov.uk/guidance/using-the-ukca-mark-from-1-january-2021
- Conformity assessment bodies: status from 1st January 2021: www.gov.uk/guidance/conformity-assessment-bodies-change-of-status-from-1-january-2021
This guidance relates primarily to goods regulated by the Department for Business energy and Industrial Strategy (BEIS) under the areas listed in the guidance. This guidance does not wholly apply to medical devices, rail interoperability, construction products and civil explosives; goods regulated under the old approach (chemicals, medicines, vehicles and aerospace) and goods covered by national rules (see the UK specific rules guidance for more information).
Queries: goodsregulation@beis.gov.uk if you have any questions regarding this guidance.
Additional notes received from BEIS for additional clarity
- Medical and transportable pressure vessels are likely to have longer transition periods to new marking, for ‘safety reasons’.
- Transportable pressure vessels – the Department for Transport is leading on that and is making a case for a longer transition. Not yet confirmed in guidance. There is a distinction between items covered generally by the Pressure Equipment Directive, which are covered by the latest announcement, and transportable pressure vessels, which fall under The Transportable Pressure Vessels Regulations. (These carry the Pii mark currently rather than CE.)
- Medical devices – CE marking recognised until 30 June 2023 and certificates by EEA Notified Bodies will continue to be valid until 30 June 2023. Guidance issued yesterday which states the product Directives impacted. That is being transferred with new powers to the MHRA.
- The Department for Housing, Communities and Local Government is leading on guidance on Construction Products notification.