New UKCA marking for industrial equipment

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UKCA (UK Conformity Assessed) is the new UK marking applicable to goods entering Great Britain (England, Wales and Scotland), and covers most products previously certified to European CE standards. In this article, we will outline the main points concerning the change from CE marking to the new UKCA marking, and in particular the requirements for industrial equipment.

UKCA: what changes with regard to CE marking

As we have said, the UKCA marking is generally applicable to goods entering England, Wales and Scotland, while the CE marking (or the UKNI marking) remains valid in Northern Ireland.

The UKCA marking is applicable to products previously covered by CE marking (including aerosol products, which were actually excluded from CE marking); it therefore extends to most industrial equipment.

The essential technical requirements, the processes and standards for assessing conformity, have remained virtually unchanged in relation to the CE system of marking. Indeed, one can make a self-declaration of conformity to UKCA marking in the same way as one does for CE marking.

The UKCA marking officially came into force on 1 January 2021. However, to allow companies to adapt to the new requirements, a transition period was initially agreed for use of the CE marking, and this would have been due to end on 1 January 2022. In the meantime, the UK Government has extended the transition period until 31 December 2022, therefore, the CE marking will be allowed until 1 January 2023.

The CE marking is temporarily valid in Great Britain for those areas where UK and European Union rules remain the same. If the EU changes its rules, then under the new rules CE marking would not be valid in Great Britain even before the end of the transition period.

Of course, on the other hand, the UKCA marking is not recognized in the European Union, where the CE marking remains the guarantee of product conformity.

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Requirements for the new system of UKCA marking and self-declaration

To apply the new UKCA marking all the following conditions must be met:

  • the product must be destined for the UK market
  • the product must be covered by legislation requiring UKCA marking
  • the product must undergo a mandatory third party assessment of conformity
  • this process must be carried out by a UK Market Conformity Assessment Body

These requirements do not apply to products which were already completed and CE marked before 1 January 2021, for which the CE marking remains valid.

In most cases, the UKCA marking must be applied to the product itself or to its packaging, or else included in manuals or other documentation, in order to demonstrate that the product complies with UK regulations. Also, in the same way that the manufacturer is responsible for making a CE declaration, he must also complete a UKCA declaration, which must be made available on request to the market supervisory authorities.​​

Please note that as from 1 January 2023, the UKCA marking will have to be fixed to the product itself, so you are advised to work towards incorporating the UKCA marking in the design of any new products.

 

The table below lists the types of products for which UKCA self-declaration is permissible:

 

Product directive
Application of the self-declaration
Electromagnetic Compatibility Regulations 2016 All products
Toy (Safety) Regulations 2011 Products where all essential requirements are covered by designated standards, and where the manufacturer has applied those standards
Restrictions on the use of hazardous substances (Electrical and Electronic Equipment Regulations 2012) All products
Medical Devices Regulations 2002 Class I devices
Radio Equipment Regulations 2017 Products where all essential requirements are covered by designated standards, and where the manufacturer has applied those standards
The Pressure Equipment (Safety) Regulations 2016 Category I pressure equipment
Construction Products Regulations (amended to Regulation (EU) 305/2011 in UK) Products under System 4
Recreational Craft Regulations 2017 Some categories of pleasure craft as specified in the legislation
The Electrical Equipment (Safety) Regulations 2016 All products
The Supply of Machinery (Safety) Regulations 2008 Products where all essential requirements are covered by designated standards, and where the manufacturer has applied those standards
Equipment and protective systems intended for use in potentially explosive atmospheres (2016 Regulation) Equipment in group II and category 3
Regulations on personal protective equipment (Regulation (EU) 2016/425) Category I personal protective equipment

 

Source: https://www.legislation.gov.uk/

 

Applicability of UKCA Marking vs CE Marking

As the above table shows, the UKCA marking applies to a range of products and includes:

  • Toy safety
  • Recreational craft and personal watercraft
  • Simple pressure vessels
  • Electromagnetic compatibility
  • Non-automatic weighing instruments
  • Measuring instruments
  • Lifts
  • ATEX
  • Radio equipment
  • Pressure equipment
  • Personal protective equipment
  • Gas appliances
  • Machinery
  • Equipment for outdoor use
  • Ecodesign
  • Aerosols
  • Low voltage electrical equipment
  • Restrictions for hazardous substances

 

There are other products covered by UKCA marking that are subject to specific rules. Here are some categories:

  • Medical devices
  • Railway interoperability
  • Building products
  • Explosives for civil uses

 

The table below shows the field of application of the new UKCA marking to industrial equipment, comparing UK regulations to various European Union standards​ and indicating ways to adapt to the new requirements:

EU directive UK regulation Authorized representative (UK) CE marking
EMC 2014/30/EU Electromagnetic Compatibility Regulations 2016 Not mandatory (Section 38) Applicable until 31/12/2021 as self-declaration (Notified Body not required)
LVD 2014/35 Electrical Equipment (Safety) Regulations 2016 Not mandatory (Section n.14) Applicable until 31/12/2021 as self-declaration (Notified Body not required)
ATEX 2014/34/EU Equipment and Protective Systems Intended for use in Potentially Explosive Atmospheres Regulations 2016 Not mandatory(Section n.17) Applicable until 31/12/2021 as self-declaration (Notified Body not required)
Pressure Equipment Directive 2014/68/EU Pressure Equipment (Safety) Regulations 2016 Not mandatory (Section n.19) Applicable until 31/12/2021 as self-declaration (Notified Body not required)
Macchinery Drective 2006/42/EC Supply of Machinery (Safety) Regulations 2008 Not mandatory Applicable until 31/12/2021 as self-declaration (Notified Body not required)

As we can see, for those products that fall within the scope of the main current European Union regulations, the presence of an authorized representative​ in the UK is not currently mandatory. In addition, CE self-declaration is admissible up until (but not beyond) 31/12/2021, without compulsory assessment by a notified body.

 

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