Policy Update: Placing products on the market in Great Britain using the UK or EU product markings.
Introduction
In January 2024 the UK government published an update regarding product marking and a new FAST-TRACK process which lays the ground rules for managing UKCA product marking in the future in the event of divergence between the CE and UKCA marking requirements. The reason behind the introduction of the new Fast-Track process is to make it easier for businesses to use the UKCA marking.
At present, the CE mark is to be recognised in the United Kingdom indefinitely. Therefore, manufacturers that sell products in the United Kingdom have the choice between only using the CE mark, using both the CE and the UKCA mark, or only using the UKCA mark.
Although this is true today, the situation may change in the future and, therefore the new FAST-TRACK process will make updating products and documents much easier and quicker, and of course more economical.
Companies that sell products on the GB market that have not already adapted to the new UKCA, may wish to consider adapting sooner rather than later to the new product marking in Great Britain to be fully prepared in the event of any future changes.
Whichever route you take as a manufacturer, if you are placing products on the GB market from outside of the UK, you will still need to take action to ensure you comply with your responsibilities. See section, Importer responsibilities below.
What is the Fast-Track UKCA Process
It is a system designed to help manufacturers use the UKCA mark and to demonstrate that they have met the essential requirements applicable to the product. In the event of any divergence between the CE and the UKCA marking requirements in the future, this system will allow manufacturers to adopt the most direct and cost-effective solution to the changes.
The UK government has published information explaining the new process which is explained below.
Figure 1 below, shows an example of a product that is affected by multiple regulations. In this case a mix of both UK and EU conformity assessment procedures can be used to demonstrate compliance with UK requirements, and the UKCA marking can be affixed.
Figure 1.2 below, illustrates a hypothetical scenario where the UK has chosen to mandate UKCA for a specific product regulation and there is a divergence between the UKCA and the CE regulations.
The illustration shows four regulations that apply to the product. Reg.1 being a mandated regulation that only applies in the UK, and Regs 2-3-4 that apply in the EU and the UK.
The manufacturer may choose not to comply with the Reg.1 in the UK and only follow the EU requirements to apply the CE marking. This will then mean that product does not meet the new UK requirements, and therefore they will not be able to sell the product in the United Kingdom.
Alternatively, they can follow and comply with the UK requirements for Reg.1 and, continue following the EU requirements for regulations 2, 3 and 4. In this case, as they comply with both the UK and EU regulations, they can apply the UKCA marking to the product and continue selling the product on the GB market.
In short, in this example the manufacturer will only need to make a change to the part of the regulation that is divergent from the CE but will not have to re-certify those parts of the regulation that remain the same.
Importer responsibilities
Now that the United Kingdom is not part of the EU, the responsibilities of importers and manufacturers have changed.
The table below shows a summary of the importers’ responsibilities, and the respsonsibilites that can be assigned to and Authorised Representative.
Importer responsibilities | Can this be assigned to an Authorised Representative? | Notes |
Place the name and address on the product or packaging.
| No | The importer must add their details to the product or packaging. |
Ensure the manufacturer has carried out the correct conformity assessment procedures. |
Yes |
If the importer does not want to take on this responsibility, or the manufacturer prefers not to involve the importer, this responsibility can be assigned to an Authorised representative.
|
Draw up the relevant technical documentation and instructions in English.
|
Yes |
If the importer does not want to take on this responsibility, or the manufacturer prefers not to involve the importer, this responsibility can be assigned to an Authorised representative.
|
Affix the relevant conformity marking. |
Yes |
In most cases the manufacturer should affix or mark the products with the corresponding conformity marking, but this may also be done by an Authorised representative if mandated to do so.
|
Ensure the manufacturer has complied with their identification obligations. |
Yes |
If the importer does not want to take on this responsibility, or the manufacturer prefers not to involve the importer, this responsibility can be assigned to an Authorised representative.
|
Ensure the correct manipulation and storage of the products. |
No |
This must be done by the importer who handles the products. |
File copy of the Declaration of Conformity and technical documentation for 10 years. |
Yes |
If the importer does not want to take on this responsibility, or the manufacturer prefers not to involve the importer, this responsibility can be assigned to an Authorised representative.
|
Market surveillance authorities (MSAs) may conduct sample testing of products at any time. Importers are under a duty to cooperate and provide information to enforcement authorities, necessary to demonstrate that the product is compliant, on request. Such a request may be made up to 10 years from the date the product was placed on the market.
|
Yes |
Importers must always comply with the MSAs but, a manufacturer can assign the task of cooperating and providing information requested by the MSAs to an Authorised representative.
Note – importers may change over time, but the manufacturer may still need to provide technical information via the importer if the importer’s details are on the product. To avoid this scenario, an Authorised Representative can be appointed to liaise with the MSA´s.
|
To view the full update visit this page: Policy-update-placing-products-on-the-market-in-great-britain-using-uk-or-eu-product-markings.pdf
Disclaimer
This information is for general information purposes only and does not constitute legal advice. You should seek further advice before acting on any of the information outlined above.
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