The UK Conformity Assessed marking is the new UK product marking for goods placed on the market in Great Britain. In this article we look at the requirements and how the rules apply in Northern Ireland.
Introduction
The UK Conformity Assessed (UKCA) marking is the new UK product marking for goods placed on the market in Great Britain. It does not apply to goods placed on the market in Northern Ireland. It applies to most goods that are subject to CE marking. It is not required for qualifying Northern Ireland goods placed on the market in Great Britain.
The requirements applicable to the goods are identical in most cases to those for CE marking. The procedures for applying the UKCA marking by producers and manufacturers are identical or almost identical in most cases, to the corresponding EU rules. The form of the UKCA mark is available online.
The UKCA Mark
When will the UKCA marking come into use?
The UKCA regime has been operational since 1 January 2021 and from this date, where a product is covered by the UKCA marking, you are able to place the UKCA marking on your product.
The government intends to introduce legislation which sets out that, in most cases, if your product has been placed on the GB market with a CE mark before 11pm on 31 December 2024, it does not need to be remarked or recertified to UKCA requirements and can continue to circulate on the GB market until it reaches its end user. This also includes where the CE marked product was conformity assessed and certified under EU conformity assessment procedures before 11pm on 31 December 2024.
There are different rules for certain devices and products and businesses should familiarise themselves with the particular requirements applicable to each of the types of products they sell, in the markets into which they sell.
What are the new GB rules on product safety?
The replacement UK legislation on product safety is almost identical to that which applies in the EU. Both the general product safety rules and the specific rules for particular types of goods, have been replaced. There are some changes and divergence, and they may increase in the future. This legislation applies to goods placed on the market in Great Britain. It does not apply to qualifying Northern Ireland goods placed on the GB market.
The manufacturer must establish and maintain the technical documentation. The same broad requirements for market surveillance, complaints, monitoring, product recall and cooperation with public authorities apply. The same requirements for a declaration of conformity apply where applicable to the type of goods concerned under the EU rules.
The UK government intends to introduce legislation enabling the UKCA marking to be placed on a label affixed to the product or on a document accompanying the product until 11pm on 31 December 2027. This applies to certain regulations and businesses should familiarise themselves with the particular requirements applicable to each of the types of products they sell, in the markets into which they sell.
For some goods, an authorised representative will be required in the United Kingdom for non-UK producers. It must keep records and deal with authorities in the same way as required for an EU authorised representative for non-EU producers.
How is UKCA conformity assessed?
The particular UK rules applicable to the type of goods concerned set out the requirements. They will usually be the same as, or similar to the EU rules for the products concerned. A self-declaration of conformity is permitted in many cases, as is the case with CE marking. In some cases, an independent conformity assessment body must be involved.
Where a product requires mandatory third-party conformity assessment, it must be carried out by a UK conformity assessment body. Accordingly, an Irish exporter will be required to ensure that the goods are UKCA marked using an independent UK-based or accredited conformity assessment body, where this is required under the rules for that type of product.
Does UKCA marking apply to Northern Ireland businesses that sell goods to GB?
Under the Northern Ireland Protocol's unfettered access provisions reflected in the United Kingdom Internal Market Act, goods lawfully on the market in Northern Ireland can be sold anywhere in Great Britain. This is subject only to exceptional controls applicable under international conventions in a small number of cases.
Provided that the goods are qualifying Northern Ireland goods, then CE-marked goods conforming to EU-based product safety requirements applicable in NI, may be sold to GB customers. The UK Government has announced that this principle will continue to apply, even even if there are divergences between the UK requirements applicable in GB and the EU requirements applicable in Northern Ireland.
What are the product safety authorities in Great Britain?
The Health and Safety Executive is responsible for market surveillance of most equipment used at work in Great Britain. Trading Standards (within local authorities) is responsible for most consumer products. The Medicines and Healthcare Products Regulatory Agency is responsible for medical devices and medicines. The Vehicle Certification Authority is responsible for certain vehicles and certain outdoor equipment and plant. The Driver and Vehicle Licensing Agency is responsible for automotive products.
The Office for Product Safety and Standards (OPSS), based in the UK Department for Business Energy and Industrial Strategy, is the lead body for market surveillance both in Great Britain and Northern Ireland. It is the national regulator for product safety and has responsibility for UK market surveillance policy and coordination. It is also the market surveillance authority for a range of other product regulations.
Further information
GOV.UK:
UK conformity assessment guidance
Placing manufactured products on the market in Great Britain
Moving qualifying goods from Northern Ireland to the rest of the UK
The Office for Product Safety and Standards
National Standards Authority of Ireland: Trading with Great Britain
Health and Safety Executive: Other market surveillance authorities and their roles
Article reviewed: May 20