UKCA Marking - January 1, 2023 Update

The UK Government has announced its intention to introduce new regulation as a principle so to reduce the costs involved for the re-certification / re – testing of product for UKCA marking, this new regulation when introduced (no timelines given) based on the summary notice criteria will effectively increase the acceptance of CE marking of products as a means of meeting UKCA marking requirements.

Until this new regulation is introduced, the current framework, timelines  and conformity assessment process for UKCA marking remains, in that from 01 January 2023, CE marking will no longer be accepted when placing product onto the Great Britain Market.    

The full details of the UK Government announcement can be found at: https://www.gov.uk/guidance/placing-manufactured-goods-on-the-market-in-great-britain refer to the 22 June update

On introduction of the new regulation, in summary product conformity assessment will see the following changes:

• Completed conformity assessment activities carried out on product under EU requirements (including existing testing, certification, and contractual arrangements relating to the quality control or auditing of existing certificates) undertaken by non-UK conformity assessment bodies (EU Notified Bodies accredited by their national accreditation body) for CE certification before 1 January 2023 to be used by manufacturers to declare existing product types as compliant with UKCA.
• Products must still bear UKCA marking and will need to undergo conformity assessment with a UK Approved Body at the expiry of the certificate or after 5 years (31 December 2027), whichever is sooner.
• Manufacturers to apply the UKCA mark without the need for any UK-recognized CAB involvement and continue to place their goods on the market, on the basis of their existing CE type examination completed before 31 December 2022, for the lifetime of the certificate issued, or until 31 December 2027 (whichever is sooner).
• Conformity assessment procedures not completed and supported by a CE certificate issued before 1 January 2023, these products are considered ‘new’ products. This also includes where goods are subject to important changes, overhauling its original performance, purpose, or type requiring new certification. Any ‘new’ good must comply with GB regulatory requirements, including the requirement for conformity assessment by a UK approved body from 1 January 2023.

The new legislation when introduced concerning UKCA marking effect only the following UK Regulations:

• Noise Emission in the Environment by Equipment for Outdoor Use Regulations 2001
• Supply of Machinery (Safety) Regulations 2008
• Ecodesign for Energy-Related Products Regulations 2010
• Toys (Safety) Regulations 2011
• Explosives Regulations 2014
• Pyrotechnic Articles (Safety) Regulations 2015
• Electromagnetic Compatibility Regulations 2016
• Simple Pressure Vessels (Safety) Regulations 2016
• Lifts Regulations 2016
• Pressure Equipment (Safety) Regulations 2016
• Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations 2016
• Non-automatic Weighing Instruments Regulations 2016
• Measuring Instruments Regulations 2016
• Recreational Craft Regulations 2017
• Radio Equipment Regulations 2017
• Regulation 2016/425 on personal protective equipment as it applies in GB
• Regulation 2016/426 on gas appliances as it applies in GB