Recognition of the European CE mark extended in the UK

The government intends to "indefinitely extend" recognition of the CE marking for placing most goods on the market in Great Britain (i.e. England, Wales and Scotland) "indefinitely" beyond December 2024. This means that British firms can continue to use European conformity assessment procedures (and use EU notified bodies, if applicable) and affix a CE marking, as they do now, for placing goods on the Great Britain market. The UKCA marking will still be recognised for placing goods on the Great Britain market.

 

What does this mean for future regulatory divergence?

It is initially considered that the continued (and indefinite) acceptance of the CE marking in Great Britain means that, in areas of regulatory divergence where a product meets EU standards but does not meet UK standards, a conformity assessment against European standards and subsequent CE marking means that a product can be placed on the Great Britain market regardless of not meeting UK standards. It follows that, where a product meets UK standards but does not meet EU standards, it will fail any European conformity assessment so a UKCA marking must be used to place a product on the Great Britain market. Note that regulatory divergence has not yet occurred to such an extent, although is inevitable with the EU’s Green Deal initiatives, such as revisions to the Radio Equipment Directive and the upcoming Batteries Regulation and Ecodesign rules.

Prior to the extension, operators selling products in both Great Britain and the EU were faced with the need to comply with both UK and EU requirements. For some products this would mean, two sets of testing by UK and EU approved bodies, two declarations of conformity and EU and both UKCA and CE marking. This would undoubtedly have had a significant impact on costs and most British manufacturers appear to be welcoming the extension though those who have taken steps to ready themselves for compliance may be frustrated at the related costs of readying themselves for complying with the UKCA mark etc.

 

List of products that can be CE marked "indefinitely"

The extension to recognition of the CE marking scheme applies to the 18 UK regulations that fall under the Department for Business and Trade’s (DBT) remit. These cover the following products:

• Toys (The Toys (Safety) Regulations 2011)
• Pyrotechnics (The Pyrotechnic Articles (Safety) Regulations 2015)
• Recreational craft and personal watercraft (The Recreational Craft Regulations 2017)
• Simple pressure vessels (The Simple Pressure Vessels (Safety) Regulations 2016)
• Equipment or products liable to generate electromagnetic disturbance (The Electromagnetic Compatibility Regulations 2016)
• Non-automatic weighing instruments (The Non-automatic Weighing Instruments Regulations 2016)
• Measuring instruments (The Measuring Instruments Regulations 2016)
• Measuring container bottles (The Measuring Container Bottles (EEC Requirements) Regulations 1977)
• Lifts (The Lifts Regulations 2016)
• Equipment for potentially explosive atmospheres (ATEX) (The Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations 2016)
• Radio equipment (The Radio Equipment Regulations 2017)
• Pressure equipment (Pressure Equipment (Safety) Regulations 2016)
• Personal protective equipment (PPE) (Personal Protective Equipment at Work Regulations 1992)
• Gas appliances (Gas Appliances (Safety) Regulations 1995)
• Machinery (The Supply of Machinery (Safety) Regulations 2008)
• Equipment for use outdoors (The Noise Emission in the Environment by Equipment for use Outdoors Regulations 2001)
• Aerosols (The Aerosol Dispensers Regulations 2009)
• Low voltage electrical equipment (The Low Voltage Electrical Equipment (Safety) Regulations 1989)

Rules for other areas, including medical devices and construction products, are still subject to the December 2024 cut-off for the CE marking scheme, but are under review by other government departments. Initially, it appears this extension will not apply to construction products.

 

How long will the extension last?

With increasing regulatory divergence, equal recognition of the CE and UKCA mark will become increasingly difficult, and works against a main argument for Brexit: to allow the UK to legislate of its own accord and avoid the EU’s laws. Until regulatory divergence is at a point where a product meets UK standards but cannot meet EU standards however, a UKCA marking will likely not be made a requirement by the UK government.

If you would like to know more about this development, please contact the authors.

George Bonomini
Associate
Safety, Health and Environment (SHE) & Product Compliance
+442077966220
george.bonomini@dlapiper.com

Simon Tingle
Senior Associate
Safety, Health and Environment (SHE) & Product Compliance
+441133692465
simon.tingle@dlapiper.com