I. What is the UKCA marking?
The UKCA marking is a new UK product conformity marking used for goods placed on the GB market (England, Scotland and Wales). It covers most products, which previously needed the CE marking. The new marking came into effect on January 1st, 2021. However, companies selling already CE marked goods in the UK can postpone the UKCA certification until the end of 2023.
Please note that the European Commission doesn’t recognise the UKCA marking and, thus, products bearing only the UKCA marking aren’t allowed for sale on the EU market.
II. What products need to have UKCA marking?
UKCA marking applies to any products falling within the scope of one or several of the below-stated directives and regulations. Please note that EU regulations for some products are still in force as they have been retained in UK law and amended.
- Construction Products Regulation EU 305/2011
- Ecodesign for Energy-Related Products Regulations 2010
- Electrical Equipment Regulations 2016
- Electromagnetic Compatibility Regulations 2016
- Energy Labelling Regulation (EU) 2017/1369
- Equipment & Protective Systems for Use in Potentially Explosive Atmospheres Regulations 2016
- EU Regulation 2016/425 on personal protective equipment
- EU Regulation 2016/426 on gas appliances
- Lifts Regulations 2016
- Measuring Instruments Regulations 2016
- Noise Emission in the Environment by Equipment for use Outdoors Regulations 2001
- Non-automatic Weighing Instruments Regulations 2016
- Pressure Equipment Regulations 2016
- Pyrotechnic Articles Regulations 2015
- Radio Equipment Regulations 2017
- Recreational Craft Regulations 2017
- Restriction of the Use of Particular Hazardous Substances in EEE Regulations 2012
- Simple Pressure Vessels Regulations 2016
- Supply of Machinery Regulations 2008
- Toys (Safety) Regulations 2011
In addition, the UKCA marking also applies to aerosol products, which previously required the ‘reverse epsilon’ marking.
III. When to use the new marking?
The UKCA marking will be mandatory for all goods sold on the GB market from January 2023.
However, you may also need to use this new marking before January 2023 if certain conditions apply to you. In this regard, your product must be UKCA marking compliant if all the following apply:
- the product is for the market in Great Britain,
- it falls within the scope of the UKCA legislation,
- it required a mandatory third-party conformity assessment,
- and the conformity assessment has been performed by a UK-recognised assessment body.
Please note that the above conditions don’t apply to products that were already manufactured, CE marked and ready to be placed on the GB market before January 2021. Such goods, however, will need to be placed on the market in Great Britain before 31 December 2022. Otherwise, compliance with the UKCA legislation is mandatory.
Lastly, UKCA marking alone cannot be used to sell goods on the Northern Ireland market, and your products must bear either the CE marking or the UKNI marking.
IV. Is CE marking still an option?
Until January 2023, CE marking is still valid in Great Britain for areas where GB and EU rules remain the same. This means that if any of the EU rules change and your product is CE marked based on those new rules, you won’t be allowed to use the CE marking to sell in Great Britain, even before January 2023.
From 1 January 2023, you must be ready to use the UKCA marking, or you’ll need to remove your products from the market.
V. Who is responsible for UKCA marking certification?
You’re responsible for ensuring a product’s compliance with the UKCA legislation if you’re the product’s legal manufacturer or importer.
Manufacturers are accountable for ensuring that the product conforms with relevant UKCA legislation and all documentation requirements have been met. Thus, as a manufacturer, you must ensure that the product:
- is designed and manufactured in line with all applicable regulatory requirements and standards,
- has passed any required conformity tests,
- has complete technical documentation and a UK Declaration of Conformity.
As a manufacturer, you can also delegate some of your duties to an authorised representative. However, the scope of the responsibilities to be delegated depends on the applicable regulation. So, you will need to check the relevant UKCA legislation for information on what can and cannot be delegated.
Importers, on the other hand, must make certain that:
- products are labelled with their contact details (incl. name and address),
- any mandatory conformity assessment procedures have been carried out,
- goods bear the correct conformity marking,
- the technical documentation is complete,
- all relevant labelling requirements are met,
- they have a copy of the UK Declaration of Conformity for a period of 10 years,
- products comply with all applicable essential regulatory requirements and safety standards.
Additionally, if you’re an importer, please note that until the end of 2022, you can provide your contact details on the accompanying documentation rather than on the product itself if you import specific goods from the EEA. But, from January 2023, your details must be affixed to the product or, in cases where the UK legislation allows, on the packaging or an accompanying document.
VI. Is an authorised representative required?
An authorised representative – or a responsible person – is required for any products placed on the market in Great Britain by manufacturers located outside of the UK. In this regard, please note that the authorised representative must be located in the UK, not in the EU, to represent any non-UK economic operator.
VII. When is self-declaration of conformity allowed?
Self-declaration of conformity is allowed for a wide range of products. For instance, all products falling within the scope of the Electromagnetic Compatibility Regulations 2016 and/or the Electrical Equipment (Safety) Regulations 2016 can have self-declared conformity. However, this isn’t the case for all types of products sold on the market in the GB.
The list below provides more information on the legislative areas where self-declaration conformity for UKCA marking is allowed.
- Construction Products Regulations EU 305/2011 (products within the scope of System 4)
- Electrical Equipment (Safety) Regulations 2016 (all products)
- Electromagnetic Compatibility Regulations 2016 (all products)
- Equipment & Protective Systems for Use in Potentially Explosive Atmospheres Regulations 2016 (equipment-group II, equipment category 3)
- EU Regulation 2016/425 on personal protective equipment (Category I personal protective equipment)
- Medical Devices Regulations 2002 (some Class I medical devices)
- Radio Equipment Regulations 2017 (all products except in cases where designated standards for regulation 6 (2) either don’t exist or haven’t been applied by the manufacturer)
- Recreational Craft Regulations 2017 (certain categories of recreational craft)
- Supply of Machinery (Safety) Regulations 2008 (any machine which isn’t in Schedule 2, Part 4 of the Regulations, and any machine that is in Schedule 2, Part 4 but where the provisions of all relevant designated standards have been applied in full and where those standards cover the applicable essential requirements)
- The Pressure Equipment (Safety) Regulations 2016 (Category I products)
- Restriction of the Use of Particular Hazardous Substances in EEE Regulations 2012 (all products)
- Toy (Safety) Regulations 2011 (only products where all essential requirements are covered by designated standards and the producer has applied these standards).
VIII. When is a third-party assessment required?
A UKCA conformity assessment is mandatory for any goods that need to pass a third-party assessment under the CE marking legislation. For instance, medical devices, radio equipment, construction products and pressure equipment. The types of conformity assessment procedures remain the same as those required for the CE marking.
However, please note that a UK-recognised conformity assessment body must carry out the conformity assessment for a product to be marked with the UKCA marking. Assessment bodies outside the United Kingdom cannot provide such a conformity assessment. A complete list of all UK-recognised assessment bodies is available in the UKMCAB database.
IX. What are the documentation requirements?
Before selling a product on the GB market, you must ensure that the product has complete technical documentation (a.k.a. technical file) and a valid Declaration of Conformity.
Technical documentation
The contents of the technical file must demonstrate that your product complies with the applicable regulatory requirements. The exact information to be provided varies depending on the specific legislation relevant to the product. In general, the documentation should include records of how the product is designed, manufactured and compliant with the regulatory requirements. It should also include the contact information of the manufacturer and the addresses of any storage facilities. Lastly, you must keep the technical file for up to 10 years after the product is placed on the market and be prepared to provide it to the market surveillance or enforcement authorities upon request.
UK Declaration of Conformity
You’ll need to draw up a Declaration of Conformity for most products bearing a UKCA marking. In the document, you must declare the conformity of the product with the relevant regulatory requirements. Additionally, it must also include the contact details (name and address) of the manufacturer – or the authorised representative – and information about the product and the UK conformity assessment body (where relevant).
Generally speaking, the UK Declaration should provide the following information:
- Name and address of the manufacturer
- Name and address of the UK authorised representative (where relevant)
- Data allowing the product’s identification (e.g. serial number, model or type identification)
- Full details of the UK conformity assessment body (where appropriate)
- A list of relevant UKCA legislation and applied UK designated standards
- A statement saying that the signing party (e.g. manufacturer) takes full responsibility for the product’s compliance.
- Name, work designation and signature of the person signing the Declaration
- Date and place of issuing the UK Declaration
- Supplementary information such as product photos (if applicable)
Just like with the technical file, you must be able to provide the Declaration to the market authorities upon request.
X. How to affix the UKCA marking to a product?
When affixing the marking to a product, you must stick to the following general rules:
- The UKCA symbol must be visible and legible when affixed to the product. If the product’s surface doesn’t allow for it, you must attach it to the packaging or any accompanying documents.
- Only the producer or the appointed authorised representative can place the marking on a product.
- Don’t attach any markings on the product, which can affect the visibility, legibility or meaning of the UKCA marking.
- Goods that don’t fall within the scope of the UKCA legislation cannot bear the UKCA marking.
- If you decrease or increase the size of the UKCA marking, the letters forming the UKCA marking should have correct proportions.
- The UKCA symbol must be at least 5mm in height unless a different minimum dimension is specified in the applicable legislation.
- You must only use the marking to demonstrate compliance with the relevant UK legislation.
- The UKCA marking can take different forms as long as it remains visible, legible and maintains the correct proportions.
In most cases, you must affix the UKCA marking to the product itself or the packaging. However, in some cases, you may place it on the manuals or other supporting literature, depending on what the specific regulations stipulate.
Lastly, you can download the UKCA mark image directly from the website of the UK government or by using the following links: UKCA image file I and UKCA image file II.
