CE Marking Post Brexit

As the UK faces a new relationship with the EU, there are many things in the industry which will need some consideration. Niresh Somlie, Principal Technical Officer at BM

TRADA explains how CE marking will be affected post Brexit.

The CE mark has long been used by UK manufacturers, distributors and suppliers for placing certain goods on the European market. The CE mark was adopted as a European 'safety standard' within the single market for various products including, construction products, electronics, electrical equipment, medical devices, toys and various others.

Since being introduced, the CE mark has been required for many goods sold within the single market, more specifically for those products covered within the scope of a Harmonised European Standard. In summary, the CE marking:

• Allows free movement of products within the European Economic Area

• Demonstrates that the manufacturer has ensured that the product meets EU safety, health or environmental requirements

• Is an indicator of a product's compliance with EU legislation and requirements.

The CE rules/requirements will apply until the UK has left the single market. This could be at the end of a 'transition' arrangement – or sooner, should the UK leave without a deal. In place of CE marking, the UK is introducing a new product marking, which will be used for certain goods being placed on the UK market post Brexit. This will be known as the UK Conformity Assessed (UKCA) marking.

In the majority of cases, manufacturers will still be able to use the CE marking if selling goods on the UK market after the UK leaves the EU. However, CE marking will only be accepted in the UK for a limited time after Brexit. The government will consult and give businesses notice before this period ends. In some cases the new UKCA marking will need to be applied to goods being sold in the UK immediately after Brexit.

Once the UK has left the single market, it may well exist as a third-party country and would therefore have the capacity thereafter to change its legislation for products being placed on the UK market. This means that there could be possible deviations between CE marking and UKCA marking rules. The UK manufacturer will therefore need to ensure that in addition to complying with UK regulations for products being placed on the UK Market, they always to conform to CE marking rules when selling into Europe.

The UKCA marking will not be recognised on the EU market, and products currently requiring CE marking will still need to be CE marked in accordance with European requirements for sale in the EU. Manufacturers will need to apply the new UKCA marking to their product if all of the following apply:

• The product is for the UK market 

• It requires mandatory third-party conformity assessment

• Conformity assessment has been carried out by a UK Conformity Assessment Body (a UK based 'Approved Body')

Before applying the UKCA mark to the product, manufacturers will need to draw up a UK Declaration of Conformity (DoP). The DoP demonstrates that the product is lawfully bearing the UKCA marking and being placed on the market. BM TRADA, part of the Element Group, provides a comprehensive range of independent testing, inspection, certification, technical and training services, and can offer both CE marking and the UKCA marking certifications.

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