Announcement on continuing CE Recognition and business support measures
The Department for Business and Trade (DBT) has today provided further detail on plans to continue recognition of current EU requirements, including the CE marking, indefinitely for a range of products.
In August 2023, DBT announced the intention to continue to recognize current EU requirements, including the CE marking, for the 18 product regulations under the department’s remit.
Following extensive engagement and feedback from across all parts of the industry, the government is announcing its intention for this approach to be extended to three more regulations. To provide legal certainty to industry, the government intends to legislate for continued CE recognition this Spring.
Later in the year, the government also intends to introduce greater labelling flexibility, including the voluntary option for manufacturers to use digital labelling.
We recognise this announcement might cause concerns for some in the conformity assessment sector. We want to assure you that the government remains committed to the UKCA marking as a viable route to selling goods in Great Britain (GB). The government also continues to recognise the important role Approved Bodies play in the viability of UKCA marking and we intend to arrange further opportunities for the conformity assessment sector to engage with the government soon.
This announcement means businesses will have the flexibility to use either the UKCA or CE marking to sell relevant products in GB. This decision is in the interests of the economy as a whole, to ensure the continued supply and availability of products in GB.
Additional Detail
Along with the 18 DBT regulations, three further regulations are now included:
Ecodesign for Energy-Related Products Regulations 2010 – Department for Energy Security and Net Zero
The Explosives Regulations 2014 - Department for Work and Pensions (Health and Safety Executive)
The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2012 (‘The RoHS Regulations’) - in most circumstances – Department for Environment, Foor and Rural Affairs
Not all regulations are included in this announcement. The government is taking a tailored approach to product regulation to ensure the interests of UK businesses, consumers and the economy are taken into account. This announcement does not apply to regulations for medical devices, construction products, marine equipment, rail products, cableways, transportable pressure equipment and unmanned aircraft systems. There are specific arrangements in place for these regulations, which have or will be set out by the relevant departments in due course. To further support manufacturers and British supply chains, the government also plans to introduce other measures through the same legislation, in Spring 2024. This will include:
A new ‘Fast-Track UKCA’, allowing manufacturers to use the UKCA marking to demonstrate compliance with either UKCA product requirements or EU product requirements where they are recognised, to place products on the market in GB. Where products are covered by multiple regulations, a mixture of both UKCA and CE conformity assessment procedures can be used. This is designed to provide longer-term certainty and flexibility for businesses should the UK mandate UKCA for certain regulations in the future.
Separately, following feedback from businesses, the government also intends to legislate for further measures in Spring 2024. This will provide permanent labelling flexibility, allowing:
The UKCA marking is to be placed on a sticky label or accompanying document.
Importers of goods from any country outside the UK to provide their details either on the product itself, on an accompanying document, the packaging, or on an adhesive label. This means all businesses placing products on the GB market will benefit from this measure and have the option to provide their details either indelibly on the product itself, on an accompanying document, on the packaging or on an adhesive label.
The voluntary option is to use digital labelling. Businesses will be able to apply the UKCA marking, manufacturer details, and importer details and provide the Declaration of Conformity (DoC) digitally.
Engagement
The government recognises the important role UK Approved Bodies play in ensuring the compliance of goods to UKCA requirements and their role in supporting innovation.
The government is committed to ensuring that the UKCA marking remains a viable route for businesses to sell products in GB. We will continue to work and engage with the conformity assessment sector and the wider industry to monitor the capacity of the UK conformity assessment market and to support a domestic route to market for relevant UKCA-marked products. We will be arranging a further opportunity for the conformity assessment sector to continue discussions to ensure we continue to understand the views of the sector. We will share details soon. Should you wish to get in contact, you can contact the following mailbox: goods.regulation@businessandtrade.gov.uk.
If you have any questions on the other regulations included in this announcement, please contact the appropriate team at:
Ecodesign Regulations (DESNZ): efficientproducts@energysecurity.gov.uk
Restriction of Hazardous Substances Regulations (Defra): rohs@defra.gov.uk
Explosive Regulations (HSE): explosive.enquiries@hse.gov.uk
The following webpages will be updated in due course:
Thank you for your continued engagement on the UK’s approach to product regulation.
Best wishes,
The Goods Regulation Team
Annex: Regulations in scope of this announcement
The Department for Business and Trade (DBT) regulations in scope of this announcement are:
· Equipment for use in potentially explosive atmospheres Regulations 2016/1107
· Electromagnetic compatibility Regulations 2016/1091
· Lifts Regulations 2016/1093
· Electrical Equipment (Safety) Regulations 2016/1101
· Pressure Equipment (Safety) Regulations 2016/1105
· Pyrotechnic Articles (Safety) Regulations 2015/1553
· Recreational Craft Regulations 2017/737
· Radio Equipment Regulations 2017/1206
· Simple Pressure Vessels (Safety) Regulations 2016/1092
· Toys (Safety) Regulations 2011/1881
· Aerosol Dispensers Regulations 2009/ 2824
· Gas Appliances (EU Regulation) 2016/426
· Supply of Machinery (Safety) Regulations 2008/1597
· Noise Emission in the Environment by Equipment for use Outdoors Regulations 2001/1701
· Personal Protective Equipment (EU Regulation) 2016/425
· Measuring Instruments Regulations 2016/1153
· Non-automatic weighing instruments Regulations 2016/1152
· Measuring Container Bottles (EEC Requirements) Regulations 1977
For the Department for Environment, Food and Rural Affairs (DEFRA):
· The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2012 (‘The RoHS Regulations’)
For the Department for Energy Security and Net Zero (DESNZ):
· Ecodesign for Energy-Related Products Regulations 2010
For the Department for Work and Pensions (DWP) [The Health and Safety Executive (HSE)]:
· The Explosives Regulations 2014
Regulations not in the scope of this announcement:
For The Department for Levelling up, Housing and Communities (DLUHC):
· Construction Product Regulations 2013
For The Department for Health and Social Care (DHSC) [- Medicines and Healthcare Products Regulatory Agency (MHRA)]
· The Medical Devices Regulations 2002
For the Department for Transport (DFT)
· The Railways (interoperability) Regulations 2011
· Marine Equipment Regulations 2016
· The Cableway Installations Regulations 2018 (SI 2018/816) and The Cableway Installations (Amendment) (EU Exit) Regulations 2019 (SI 2019/1347).
· The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009
Unmanned Aircraft Systems (UAS) Regulation 2019/945
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