Electrical and Electronics

By James Tingay, Group Marketing Manager, Eurofins E&E Product Testing UK.

November 14, 2022

Electrical and Electronics

The main change affecting Electrical and Electronic (E&E) products following the UK’s exit from the European Union is the introduction of the UKCA mark and how this will replace the CE mark as the product conformity mark for the GB market.

The UKCA (United Kingdom Conformity Assessed) mark is the new product marking scheme to replace CE marking for the GB market (England, Wales and Scotland), which came into force from 1st January 2021 for most products that were previously covered by CE marking. There are some exemptions from this and additional transition periods in place for certain products, including medical devices.

The Ireland/Northern Ireland Protocol means that products placed on the Northern Ireland market will continue to meet relevant EU rules including CE marking.

• The Headlines
• Key legislation for E&E products
• FAQ
• UK Government Information

The Headlines

• The UKCA mark came into effect on 1st January 2021
• The principle of self-certification and third-party assessments established under EU legislation is unchanged
• CE marking will continue to be accepted in GB until 31st December 2024 for most products, assuming that GB and EU rules remain the same
• There is no mutual recognition of marks between the UK and EU
• From 1st January 2021, third-party assessments from EU-appointed Notified Bodies located in the UK are no longer be accepted in the EU, and certificates issued by those bodies cease to be valid
• Existing UK-based Notified Bodies have ceased to operate and automatically became UK Approved Bodies with the same scope. They will perform the same activities but under the UK Regulations
• CE marking continues to be the product marking scheme for Northern Ireland where the product is placed on the market using self-certification
• To place a product that requires the use of third-party approval onto the Northern Ireland market, either an EU-27 Notified Body can be used and the CE mark applied, or both the CE and UK(NI) mark applied when a UK Approved Body is used

Placing Products on the GB Market

• The UKCA mark can be used to demonstrate conformity with UK Regulations for products placed on the GB market from 1st January 2021.
• To allow businesses time to adjust to the new requirements, CE marking can continue to be used until 1st January 2025 for most products assuming that GB and EU rules remain the same.
• From 1st January 2025, all products placed on the GB market are required to be UKCA marked unless special arrangements, such as those for medical devices, are in place.
• Products that have been CE marked using self-declaration, and which have been manufactured and imported into the UK before the end of 2024, can be placed on the market without having to meet the UKCA requirements. However, products imported after the end of 2022 must be UKCA marked and must comply with the UKCA requirements.
• From 1st January 2025, all products placed on the GB market are required to be UKCA marked, unless special arrangements, such as those for medical devices, are in place.
• CE marking for medical devices will continue to be recognised in Great Britain until 30th June 2024, assuming that GB and EU rules remain the same.
• From the 1^st January 2025, third-party conformity assessments, where required, must be completed by a UK Approved Body for new products
• For businesses based in Northern Ireland, qualifying Northern Ireland goods can be placed on the GB market with an EU conformity assessment marking, such as the CE marking, after 31st December 2021.

The timeline below shows the key dates and actions. Special rules apply for some products. The timelines shown are simplified and do not show these special rules.

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Key legislation for E&E products

The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 fixes any deficiencies that arose from the UK leaving the EU (such as references to EU institutions) and make specific provision for the GB market.

There is one set of UK RoHS Regulations, but some of the provisions apply differently in NI (for as long as the Northern Ireland Protocol is in force). Specific guidance can be found at: https://www.gov.uk/guidance/rohs-compliance-and-guidance

Reference to the RoHS on a Declaration of Conformity should refer to the underlying UKSI “SI 2012 No. 3032 (as amended)” or the primary legislation in its long form – “The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2012 (as amended)”

However, note should be taken to ensure that the product covered by the declaration conforms with the legislation and any applicable amendments.

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FAQ

What is the UKCA Mark?

The UKCA (UK Conformity Assessed) mark is the new UK product mark that is required for certain products being placed on the market in Great Britain (England, Wales and Scotland). It covers most products that previously required the CE mark.

The UKCA mark is not recognised outside of Great Britain and products will still need to bear a CE mark to be sold in the EU.

CE marking will continue to be accepted in Northern Ireland under the Ireland/Northern Ireland Protocol.

What does a UKCA mark show?

By affixing a UKCA mark to a product and placing it onto the GB market, the manufacturer is stating that the product meets the UK Regulations as defined in the relevant Statutory Instruments (SIs).

When does the UKCA mark come into force?

The UKCA mark came into force at 11pm UK time on the 31st December 2020, which marked the end of the transition or implementation period.

However, to allow manufacturers time to adjust, CE marking will continue to be accepted until 31st December 2024 in most cases, assuming that GB and EU rules remain the same.

What is the legislation that implements the UKCA mark?

For most products, the UKCA mark is defined in UK Statutory Instrument 2019 No.696 (The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019) and any subsequent amendments.

There are exceptions for automotive, medical and marine products where specific requirements are in place.

The technical and administrative aspects of the UK and EU requirements will be the same. However, it is possible that they will diverge in the future.

Are there different timescales for medical devices?

Yes. CE marking for medical devices will continue to be recognised in Great Britain until 30th June 2024, assuming that GB and EU rules remain the same.

What products is the UKCA mark applicable to?

The UKCA mark is applicable to the same products that would have been subject to CE marking, as well as to aerosol products.

Product areas covered by the UKCA marking

• 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
• Outdoor noise
• Ecodesign
• Aerosols
• Low voltage electrical equipment
• Restriction of hazardous substances

Products covered by the UKCA marking but have some special rules:

• Medical devices
• Rail interoperability
• Construction products
• Civil explosives

Can I use self-certification as the basis for affixing the UKCA mark or do I need to use a third-party assessment body?

The principle of self-certification and third-party assessments established under EU legislation is unchanged in UK Regulations, so if self-certification was used for the basis of CE marking, it can also be used for the UKCA mark.

Does the UKCA mark need to be on the product or can it be on a label or accompanying documentation?

Until 31st December 2028, for most products (not including those covered by special rules), there is an option to affix the UKCA mark on a label attached to the product or onto accompanying documentation.

The requirement is that the Economic Operator should take reasonable steps to ensure that the UKCA mark remains in place.

Are the product labelling requirements for the UKCA mark different to those for CE marking?

The product labelling requirements for the UKCA mark are currently the same as for the CE mark.

Specific requirements for Radio Equipment

Regulation 14 of the 2017 Regulations requires that where there are restrictions on putting into service or requirements for authorisation of use, a manufacturer must include information on the packaging of the radio equipment to identify this:

A Pictogram followed by the abbreviation “UK” or “UK(NI)” or

The words “Restrictions or Requirements in the UK” or “…UK(NI)” as appropriate

The pictogram that should be used is as shown below:

For more information, please see the published document “Radio Equipment Regulations 2017 Guidance on Regulation 14: Information to be included where there are restrictions on putting into service or requirements for authorisation of use”.

Is Eurofins able to carry out the test/assessments for the UKCA Mark?

From 1st January 2021, the technical requirements, or the ‘essential requirements’, as well as the conformity assessment processes and standards that can be used to demonstrate conformity, will be largely the same as they were prior to this date.

Eurofins is able to test products as part of UKCA and CE marking regimes and can likewise offer services that will allow global product compliance requirements to be met.

For most customers, there should be no change to the process of testing needed to meet the requirements of both UKCA and CE marking.

If I’ve had my product tested in the UK, will this continue to be accepted in the EU?

Yes, any testing that has been carried out in the UK to demonstrate compliance with the requirements of CE marking will continue to be valid and accepted within the EU after 1st January 2021.

Eurofins’ accredited laboratories are assessed against an international standard, ISO17025, meaning that the UK leaving the EU has no impact on accreditation or the laboratory’s activities.

What standards will products need to be tested against?

The standards against which a product should be tested are detailed in the appropriate UK Designated Standards list.

A Declaration of Conformity to support the UKCA marking of a product should show UK Designated Standards rather than Harmonised Standards cited in the Official Journal of the European Union (EUOJ).

The current UK Designated Standards list contains the same standards as the EUOJ.

There may be commercial advantages to testing a more expansive version of a standard, such as the IEC version with National Deviations, and where this is the case, local Eurofins technical teams will advise and discuss in detail.

Can standards listed in the UK Designated Standards list be used on the EU DoC or do these need to be changed to the EN version?

No. An EU DoC should reference harmonised standards.

What about IEC, ISO or ETSI standards? Will these be affected?

No. For both UKCA and CE marking, there will be no changes to the use of standards such as those published by IEC, ISO or ETSI where these are currently used.

For most testing, there will in reality be no changes to the standards against which a product is tested with ISO, IEC, EN, BS EN, ETSI etc. being applicable as they are now.

Will there be an equivalent to the EUs Official Journal for UKCA?

The Designated Standards lists will be the equivalent to the OJEU listing for the UKCA mark.

The UK Designated Standards can be found here:

www.gov.uk/guidance/designated-standards

I have a CB certificate. Does the implementation of the UKCA mark affect this?

No. The UK is a recognised country for issuing and accepting IECEE and IECEx CB reports and certificates. This is not affected by the implementation of the UKCA mark or by BREXIT.

Can a CB certificate obtained from a UK test laboratory be used in the EU?

Yes. The CB Scheme is independent of any changes to the relationship between the UK and the EU.

I have an NRTL mark. Is this affected by BREXIT?

No. NRTL marks, such as the MET Mark, are unaffected by BREXIT and independent from the relationship between the UK and the EU, in the same way as the CB Scheme.

Is the UKCA mark accepted for compliance for other markets?

At this time, the UKCA has no acceptance outside of the GB market.

What happens to UK Notified Bodies after 1st January 2021?

From the 1st January 2021, UK Notified Bodies ceased to be recognised by the EU. They automatically became UK Approved Bodies with the same number and scope as they previously had. They are no longer able to carry out third-party conformity assessment for products placed onto the EU market.

Is the CE mark still valid when affixed via third-part assessment from a UK Notified Body?

From the 1st January 2021, a third-party assessment through a UK Notified Body is no longer recognised in the EU. Existing files should have been transferred to an EU-27 Notified Body before this date.

Can I CE mark my products for the GB market using an existing EU-27 Notified Body assessment after the 1st January 2021?

Until the 1^st January 2025, third-party assessment from an existing EU-27 Notified Body will be accepted for the GB market. After this date, only third-party assessments from a UK Approved Body will be accepted for new products.

Does the number of my UK Approved Body need to appear on the product as it does now for my EU Notified Body?

Yes, this will mirror existing EU Directive requirements.

UKCA Marking

The UKCA (United Kingdom Conformity Assessed) mark is the new product marking requirement for certifying that the product meets the UK Regulations and will replace CE marking and ‘reverse epsilon’ marking (aerosols) for the GB market (England, Wales and Scotland).

UKCA marking
	Characteristics It has to be visibly, legibly and indelibly on the product. Logo size: at least 5mm in height. Logo proportions should remain constant. If, due to characteristics of the product, is not possible to mark on product, it should be affixed to the packaging and the accompanying documents.
Placing manufactured goods on the market in Great Britain
From 1st January 2021	From 1st January 2025	From 1st January 2028
UKCA mark can be used (on the label, product or accompanying documents)	UKCA marking us required (in most cases). Until 1st January 2028, there is the option to attach the UKCA mark on a label attached to the product or document accompanying the product.	UKCA mark must be permanently affixed directly to the product.
CE and UKCA mark can coexist until 1st January 2025 (Transition period).*	CE mark will not be accepted for the UK market.	CE mark will not be accepted for the UK market.
*CE marking is only valid in Great Britain for areas where GB and EU rules remain the same. If the EU changes its rules and you CE mark your product on the basis of those new rules, you will not be able to use the CE marking to sell in Great Britain, even before 31 December 2021.

UKNI Marking

The UKNI marking is a new conformity marking for products placed on the market in Northern Ireland which have undergone mandatory third-party conformity assessment by a body based in the UK.

The Northern Ireland Protocol came into force from 1st January 2021. For as long as it is in force, Northern Ireland will align with relevant EU rules relating to the placing on the market of manufactured goods.

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UK Government Information

Using the UKCA mark from 1st January 2021 - View more

Placing manufactured goods on the market in Great Britain from 1 January 2021 - View more

Placing manufactured goods on the EU market from 1 January 2021 - View more

Moving goods under the Northern Ireland Protocol - View more

Product safety and metrology from 1 January 2021: Great Britain - View more

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