On 1 September the UK Government published new guidance providing practical information for placing construction products on the market from the end of the transition period on the 31 December 2020. It focuses particularly on CE and UKCA marking.
Douglas Masterson, technical manager at the Guild of Architectural Ironmongers (GAI) summarises the key issues from this new government guidance.
Advice in this article mainly relates to Great Britain. It therefore excludes Northern Ireland, but separate information will be released in due course as the rules relating to product marking and Construction Products Regulation (CPR) will be different according to the Northern Ireland Protocol.
This article is based on guidance issued by BEIS (UK Department for Business, Energy & Industrial Strategy) and may differ in some areas for construction products so further clarification from MHCLG is awaited. However, this article gives good guidance on the direction of travel from the UK Government.
It is also worth noting that this briefing is based on UK Government advice which sets out the Government’s intentions as to what the forthcoming legislation will say. This legislation needs to be approved by Parliament so may change. All information given is only correct at time of going to press.
Placing construction products on the GB market
The UKCA (UK Conformity Assessed) marking is a new UK product marking that will be used for goods being placed on the market in Great Britain. It covers most goods which previously required CE marking. The UKCA marking alone cannot be used for goods placed on the Northern Ireland market, which will require the CE marking and/or new UKNI marking, with further detail to follow.
Businesses will be able to use the UKCA mark from 1 January 2021. To allow time to adjust, some CE marked goods that meet EU requirements may continue to be placed on the UK market. This arrangement will end on 1 January 2022 and all should ensure they are prepared for the new system before it comes into effect.
It will be necessary to prepare for the end of recognition of the CE mark in Great Britain and to affix the UK marking using a UK-recognised ‘approved body’. From 1 January 2021, UK notified bodies currently operating under the EU Construction Products Regulation 2011 and based in the UK will be granted new UK ‘approved body’ status and listed on a new UK database.
To provide sufficient time for businesses to transition to the new requirements, products can continue to be placed on the UK market without any need for reassessment or re-marking if EU requirements are met (including CE marking). Any third-party conformity assessment must continue to be carried out by an EU-recognised notified body until 1 January 2022.
Products that meet UK requirements and bear the UKCA mark can only be placed on the GB market if third-party assessments have been carried out by a UK approved body.
From 1 January 2022, CE marking will not be recognised in Great Britain for areas covered by this guidance and the UKCA marking. However, a product bearing the CE marking would still be valid for sale in the UK so long as it was also UKCA marked and complied with the relevant UK rules. Be aware also that the UKCA marking will not be recognised on the EU market. Products currently requiring a CE marking will still need CE marking for sale in the EU from 1 January 2021.
For an individual product already circulating on the market in Great Britain prior to the end of the transition period, no additional action is needed. A certificate issued by an EU notified body that was valid immediately before that date continues to be valid for the purposes of the Great British market.
All existing harmonised European standards will become UK ‘designated standards’. This will mean that immediately after the end of the transition period, harmonised European standards and UK designated standards will be identical. The UK government will publish and maintain the list of these designated standards on a UK Database.
Distributors in the EU who bring products in from the EU to the GB market will, in most cases, now be classified as ‘importers’, bringing in products to the GB from a third country.
Using the UKCA marking
UKCA marking will need to be used immediately after 1 January 2021 if all of the following apply. If the product:
- is for the market in Great Britain
- is covered by legislation which requires the UKCA marking
- requires mandatory third-party conformity assessment
- conformity assessment has been carried out by a UK conformity assessment body and you have not transferred your conformity assessment files from your UK body to an EU recognised body before 1 January 2021.
This does not apply to existing stock, for example if your good was fully manufactured and ready to place on the market before 1 January 2021. In these cases, your good can still be sold in Great Britain with a CE marking even if covered by a certificate of conformity issued by a UK body.
In most cases, you must apply the UKCA marking to the product itself or to the packaging. In some cases, it may be placed on the manuals or on other supporting literature. This will vary depending on the specific regulations that apply to the product.
GAI ten-point summary of advice:
- Businesses will be able to use the UKCA mark from 1 January 2021.
- Businesses should be aware that they must affix the UKCA marking using a U.K.-recognised ‘approved body’ by 1 January 2022.
- UK notified bodies will be granted new UK ‘approved body’ status.
- UKCA marking will not be recognised on the EU market.
- A product bearing the CE marking would still be valid for sale in the UK so long as it is also UKCA marked and complies with the relevant UK rules
- Some CE marked goods, that meet EU requirements, may continue to be placed on the UK market although this arrangement will end on 1 January 2022
- Existing stock which was fully manufactured and ready to place on the market before 1 January 2021 can still be sold in Great Britain with a CE marking after January 2022.
- Products currently requiring a CE marking will still need a CE marking for sale in the EU from 1 January 2021.
- All existing harmonised European standards will become UK ‘designated standards’
- Northern Ireland will be subject to a different system of marking including UKNI and CE marking under the Northern Ireland Protocol.