Brexit and Trading: Your Guide to CE, UKCA and UKNI Product Markings After the Brexit Transition Period

The Brexit journey has been a long one, it sometimes seems like it will go on forever. We understand that it is tough to keep up with all of the information when it comes to trading your products and the rules that will affect the movement of goods between the European Union and the United Kingdom. That’s why we try to make things simple. The fact is, the changes in trading regulations are not incredibly drastic; as long as a few slight changes are taken into account, and the correct conformity assessments have been carried out, the transition from one procedure to another can occur quite seamlessly. 
Brexit and trading: Your guide to CE, UKCA and UKNI product markings after the Brexit transition period

Below we have created a step-by-step guide specifically for electronics and machinery to ensure the correct process is followed for your products. 

Step 1: Figure out what type of markings are acceptable for your product from 1 January 2021
Any new stock you are placing on the UK market from 1 January 2021 onwards should follow the guidelines below. This does not apply to existing stock, which would be able to exist with current marking up until 31 December 2021, after which time it should also follow the below guidelines.

Step 2: Figure out which marking/s your product/s require
Any products you are placing onto the Great Britain (GB), Northern Ireland (NI), or European Union (EU) market will require different markings; also differentiating based on which conformity assessment body you use.

ce-ukca-marking-guide

Step 3: Check whether your legal responsibilities are changing
If you are a manufacturer ⥤ Your legal obligations will remain essentially the same from 1 January 2021

If you are a UK distributor or supplier You will need to confirm whether you or your supplier will become an ‘importer’ after 1 January 2021

To determine whether you or your supplier will become an importer, you will need to ask:

Importing to the UK from January 2021If you or your supplier are considered importers, the following protocol will need to be followed from 1 January 2020:

  1. Goods must be labelled with your company details, including the name and address (until 31 December 2022 you can provide this on accompanying documentation rather than on the good itself)
  2. You will need to ensure the correct conformity assessment procedures have been carried out and that your goods have the correct conformity markings
  3. The manufacturer has provided correct technical documentation 
  4. The manufacturer has complied with labelling requirements
  5. The Declaration of Conformity has been kept and maintained for 10 years
  6. All goods conform with the relevant essential requirements

This protocol must be complied with immediately for any goods placed on the GB market from 1 January 2021.

Step 4: Determine if your product requires new UKCA marking immediately after 1 January 2021
You will need to use the new UKCA marking immediately after 1 January 2021 if all of the following apply:

⥤Your product is covered by legislation which requires the UKCA marking

⥤Your product requires a mandatory third-party conformity assessment

⥤The conformity assessment for your product was carried out by a UK conformity assessment body and you did not transfer your conformity assessment files to an EU recognised body before 1 January 2021

Step 5: Determine whether you want to use both the CE and UKCA marking
Both the CE and UKCA mark can be placed on a product so long as neither impedes the visibility of the other and requirements of both the GB and EU legislation are met.

From 1 January 2021, the essential requirements and standards that can be used to demonstrate conformity with them for UKCA marked goods will be the same as they are now. That means that if your goods are currently made to the technical requirements necessary for CE marking then it will be made to the same technical requirements that will exist for UKCA marking from 1 January 2021. However, the conformity assessment bodies that test them may need to be different.

Step 6: Appoint an authorised or responsible person in the UK
Authorised representatives and responsible persons based in the EU will no longer be recognised in Great Britain from 1 January 2021. 

Certification Experts can act as your UK responsible person and/or EU Authorised Representative

Want to learn more about Authorised Representation? Check out our blog articles:

5 important facts about Authorised Representatives

https://certification-experts.com/5-important-facts-about-authorised-representatives/

Here’s what manufacturers should know about UKCA marking

https://certification-experts.com/heres-what-manufacturers-should-know-about-ukca-marking/

  • Certification Simplified

Certification Experts is an independent product compliance organization. With over 25 years’ experience, Certification Experts evolved into a hub of expertise and subsequently established a valuable track record. With offices based in the Netherlands, Germany, the US, China, and Thailand we offer tailored expertise for a wide range of subjects pertaining to the entire product safety spectrum.

  • Certification Simplified

Certification Experts is an independent product compliance organization. With over 25 years’ experience, Certification Experts evolved into a hub of expertise and subsequently established a valuable track record. With offices based in the Netherlands, Germany, the US, China, and Thailand we offer tailored expertise for a wide range of subjects pertaining to the entire product safety spectrum.

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