UK Government Announces ‘Indefinite’ Extension of CE Marking Recognition for 18 Categories of Goods

On the 1st of August, 2023, the UK government announced plans to extend recognition of CE marking ‘indefinitely’ beyond the upcoming December 2024 deadline previously announced.

The inital press releases issued is as follows:

“The government intends to extend recognition of the CE marking for placing most goods on the market in Great Britain indefinitely, beyond December 2024. These updates apply to the 18 regulations that fall under the Department for Business and Trade (DBT).”

https://www.gov.uk/government/news/uk-government-announces-extension-of-ce-mark-recognition-for-businesses

In addition to this initial press release, the following statement has been made:

“Today we announced that the Department of Business and Trade intend to introduce legislation to extend recognition of the CE marking for placing a wide range of goods on the market in Great Britain.  

The continued recognition of UKCA and CE for some product sectors forms part of the wider Smarter Regulation programme of regulatory reform announcements, that began in May with publication of Smarter Regulation to Grow the Economy. Smarter regulation is about improving regulation across the board ensuring it is as clear as possible and only used where necessary and proportionate. 

We intend to introduce legislation to further extend recognition of the CE marking for Great Britain. This will continue to allow recognition of goods that meet EU requirements, using the EU conformity marking (including the CE marking) in England, Scotland and Wales.  

This will provide flexibility for businesses to use either the CE or UKCA marking. This approach will also provide longer-term certainty for businesses and a foundation for the UK to set our product regulations in the future. 

This CE recognition approach will apply to regulations that fall under the Department for Business and Trade. These are: 

• toys 
• pyrotechnics 
• recreational craft and personal watercraft 
• electromagnetic compatibility 
• non-automatic weighing instruments 
• measuring instruments 
• measuring container bottles 
• lifts 
• equipment for potentially explosive atmospheres (UKEX) 
• radio equipment 
• pressure equipment 
• simple pressure vessels 
• personal protective equipment (PPE) 
• gas appliances 
• machinery 
• equipment for use outdoors 
• aerosols 
• low voltage electrical equipment 

There are different rules for medical devices, construction products, cableways, transportable pressure equipment, unmanned aircraft systems, rail products, marine equipment and ecodesign. The relevant departments covering these regulations have communicated or will communicate plans in due course.  

The CE marking is already recognised in Northern Ireland. Businesses there will continue to enjoy unfettered access to the GB market and the EU single market. As such, the CE marking will be an acceptable method of demonstrating compliance for a wide range of goods on the UK market.”

This announcement will undoubtedly raise questions for manufacturers, importers and retailers, some of which will become more clear once draft legislation is tabled or the guidance documentation issued by the UK Government is updated.

At this time, what is unclear is what approach the UK government is proposing where UK product compliance requirements do not align with the European Union’s. Where there is divergence, a CE mark will not be equivalent to a UKCA mark, so it is unclear how a CE mark could be accepted by UK authorities.

However, what has stayed the same is the requirement for products placed on the GB market, as well as on the NI (Northern Ireland) and EU markets, to continue to meet the essential requirements of the relevant UK Legislation or EU Directives.

This includes the product labelling, conformity marking, declarations of conformity and technical documentation that are required, alongside any testing, to demonstrate compliance with the essential requirements.

We will provide further updates and guidance as the UK Government releases more information. If you would like to receive these updates, please subscribe to our newsletter here.

If you have any immediate questions, please contact us via UKCA@eurofins.com, and we will be pleased to help.