UK Government extends deadline to cease using CE marking until 2023

The question

Why has the UK Government extended the deadline for use of the CE product marking for manufactured goods placed on the market in Great Britain to 1 January 2023?

The key takeaway

On 24 August 2021, the Government announced a one-year extension to the deadline for businesses to transition from using the CE product mark to the new UK Conformity Assessed (UKCA) marking. Subject to certain conditions relating to the ongoing use of the CE mark (see below), this mark can continue to be used for products until 1 January 2023. This doesn’t mean that businesses shouldn’t start to transition to the new marking as soon as possible to ensure that they are compliant with the new UK regulatory framework. 

The background

The UKCA marking will replace EU labelling such as the CE mark, which is currently applied to goods on a self-declaration basis. The CE marking is a manufacturer’s claim that its product meets all the specified essential safety requirements set out in certain EU directives. Relevant categories of product must bear the CE marking if they are put on the market in the EU (or EEA). 

However, from 1 January 2021, the UKCA marking has been the conformity assessment marking for goods placed on the market in Great Britain. UKCA marking will allow the UK to have a higher level of control over the regulation and product safety of manufactured goods placed on the market in Great Britain. 

The development

To give manufacturers time to adjust, the Government initially stated that manufacturers could continue to use the CE marking until 1 January 2022, when placing goods on the market in Great Britain (subject to certain conditions). However, as a result of increasing industry pressure, the Government provided a concession to extend the deadline.

The CE marking may only continue to be used by businesses during this period if any of the following apply:

• the CE marking is currently applied to the goods on a self-declaration basis
• any mandatory third-party conformity assessment was carried out by an EU-recognised notified body (including a body in a country with which the EU has a relevant mutual recognition agreement)
• prior to 1 January 2021, the certificate of conformity previously held by a UK approved body has been transferred to an EU-recognised notified body.

Why is this important?

Businesses will now have more time to apply the new UKCA markings for most products placed on the market in England, Scotland and Wales. From 1 January 2023, the UKCA marking will need to be used when placing goods on the UK market (unless there is a further extension).

However, Northern Ireland will continue to recognise the CE marking for goods placed on the market in Northern Ireland and businesses will need to use the UKNI marking if they use a UKCA body to test their products.

Any practical tips?

Since 1 January 2021, the UKCA mark has been permitted as a valid conformity mark in Great Britain. We recommend that businesses align themselves with the new marking sooner rather than later to ensure product compliance within your organisation and/or supply chain.