Here we give an overview of the post-BREXIT product compliance requirements for the UK.
The UK formally left the EU on 31st January 2020, and following a “stand-still” Transition Period that ran until 31st December 2020, trade between the UK and EU is now covered by the Trade and Cooperation Agreement (external UK Gov site) from 1st January 2021.
UK rules from 1st January 2021
Placing Product on the Market – there are different rules for placing product on the markets of Great Britain, EU, & Northern Ireland (post-BREXIT Northern Ireland Protocol).
– see these links (external UK Gov site) for details on how to place good on the GB, EU, & NI markets
UKCA Marking – is required for product placed on the GB market.
See here (external UK Gov site) for full details on how and when to use the UKCA mark. Key points are:
– Applies to GB only, Northern Ireland must use CE mark.
– Requires a UK Declaration of Conformity.
– There is a transition period, now extended for most product sectors and categories, through 2021-24: where applicable, UKCA marking can be used from 1st Jan 2021, and must be used from 1st Jan 2025.
– The latest rules for the application of the logo allow for the UKCA logo to be on a label or accompanying documentation until 31st Dec 2027. From 1st Jan 2028, it must be permanently attached as for current CE marking.
– Additionally, conformity assessment activities for CE marking undertaken by 31st Dec 2024 can continue to be used by manufacturers as the basis for the UKCA marking, until 31st Dec 2027.
UK Declarations of Conformity – a UK Declaration of Conformity is required when a product is UKCA marked and placed on the GB market. This document is similar to an EU Declaration of Conformity, with the key differences being:
– titled “UK Declaration of Conformity”, instead of “EU Declaration of Conformity”.
– references UK Regulations, instead of EU Directives
– references UK Designated Standards, instead of EU harmonised standards from the EU Official Journal
Designated Standards – these are the UK list of standards that give a presumption of conformity to a UK Regulation. A Designated Standard can be a BS, EN, IEC, ISO, ETSI standard, etc. As of 1st January 2021, the UK Designated Standards are an exact copy of those listed in the EU’s Official Journal – see here (external UK Gov site) for the latest lists. There is no need to list the BS “equivalent” on the UK Declaration of Conformity.
Over time, the UK Designated Standards may diverge from the EU’s Official Journal, but initially there are no differing technical requirements giving presumption of conformity for EU Directives or UK Regulations.
Authorised Representatives – Changes may be necessary in your Authorised Representatives and Responsible Persons, depending upon where they are based, where the product is manufactured, and where it is being sold.
Legal Responsibilities – Additionally, there may be changes in the Legal Responsibilities of Manufacturers, Importers, Distributers, etc., and in some cases a role may change from, e.g. Distributor to Importer (together with the corresponding documentational responsibilities, etc.)
Northern Ireland – there are specific rules for dealing with and importing into / out of Northern Ireland. Make sure you are clear on what these are if you are affected.
Contact us for further information.