The UK Government has announced that the deadline for businesses placing products on the market in Great Britain to switch from CE to UKCA marking has been extended indefinitely.
Previously businesses had until the end of 2024 to ensure that affected products being placed on the market in Great Britain complied with the post-Brexit UKCA marking scheme.
To recap:
- Pre-Brexit, when EU product regulations applied in the UK, all relevant products placed on the market had to bear a CE mark. This signified that the product had been tested and complied with applicable regulations.
- Post-Brexit, the UKCA mark was introduced to indicate that products being placed on the GB market complied with applicable regulations.
- UKCA can require testing by UK-approved bodies, which has created a bottle neck for some businesses.
- The deadline for businesses to switch from CE to UKCA marking for products being placed on the market in the future has now been indefinitely extended.
- Not all products are subject to the same CE/UKCA regime – exceptions include construction products, which are subject to separate rules.
In practical terms this makes little difference for manufacturers and suppliers whose products already bear the UKCA marking.
It may though provide much needed space for those yet to adopt UKCA marking - particularly where the same product is being placed on both GB and EU markets. So is there now any point in going down the UKCA route?
It is probably premature to suggest that this is the beginning of the end for the UKCA regime. If the UK diverges from EU standards then the UKCA mark will be a differentiator, so perhaps a case of watch this space.
Although the announcement makes no reference to Northern Ireland and the UKNI mark, we do not expect any significant impact in Northern Ireland whilst relevant EU rules continue to be followed under the Northern Ireland Protocol.
Keeping up to date with this is important for any business placing goods on the GB market, wherever they are based, as well as their customers and insurers. Compliance with standards can be key when considering whether products are safe and perform as intended, and when analysing legal liability along the supply chain following product incidents.
For further information on product regulatory and liability issues please contact Fiona Gill, Partner and Stephen Turner, Legal Director at DAC Beachcroft LLP.
