CE markings: what your business needs to prepare for

Whilst the transition period between the UK and EU comes to an end on 31 December 2020, firms will still have time to prepare for some new rules on product marking throughout 2021, including the replacement of CE marks into new Great Britain-only UKCA markings.

What will happen to products marked with CE after the end of the transition period?

From 1 January 2021, the EU will no longer recognise UK notified bodies, which means the UK needs to adopt a new product labelling recognition.

Products with the CE mark can continue to be sold and distributed across the UK throughout 2021, but firms will need to prepare for changes which will take effect from 1 January 2022, when the CE mark will no longer be recognised in Great Britain (England, Scotland and Wales).

How long do I have to change all my products over?

Firms will be able to start using UKCA at any point throughout 2021, but products must be transferred to the new labelling from 1 January 2022.

Businesses will have a further year (until 1 January 2023) to directly attach UKCA to products; until then, firms will have the option to affix the UKCA marking on a label to the product or on an accompanying document.

Guidance has now been published which outlines steps businesses need to take to transfer CE marked goods to become UKCA marked.

Are there any exceptions to the new UKCA labelling deadline?

Some products have a longer transition period, such as medical devices, which will have until 1 July 2023 to transfer to the new UKCA. The excepted range of products include:

• Medical devices
• Rail interoperability
• Construction products
• Civil explosives

What does that mean for Northern Ireland? What is the UK (NI) mark?

As part of the Withdrawal Agreement, Northern Ireland will still follow the EU’s single market for goods which includes following the same product standards.

That means that the CE mark will still be applicable in Northern Ireland – even after the 2021 deadline in the rest of the UK.

All products traded in Northern Ireland that require third-party certification by a Notified Body and are certified by a UK Notified Body must carry a product marking of UK(NI). This will be alongside the product’s CE marking.

Further details on moving goods under the Northern Ireland Protocol can be found here, with further guidance on UK (NI) expected.

What is the CBI doing on this?

With legislation expected in early 2021 to make UKCA applicable in law, the CBI are engaging with the Department for Business, Energy and Industrial Strategy to directly feed in questions, concerns and issues raised by members in the process of implementing the new regulatory marks.

For further information on this area of policy, please contact [email protected]