UKCA MARKING: updates and transition period

UKCA

 

A very special end-of-the-year for Manufacturers who wish to place products on the UK market.

One and a half months before the end of the transition period from CE marking to UKCA marking, the British Government has verbally announced, in the words of Business Secretary Grant Shapps, that it intends to postpone the UKCA marking obligation date by two years to 31 December 2024.

However, this announcement has not yet been followed up by the publication of a legislative act to make such postponement official. 

Moreover, many English importers, regardless of the delayed date of entry into force, require Manufacturers to apply the UKCA marking instead of the CE marking in any case.

For these reasons, which make the evolution path towards correct marking uncertain, the industrial world is safely adapting to the English law provisions which replace the European regulations and directives (Machinery Directive, Low Voltage, ATEX, PED, PPE and others) used so far for placing products on the UK market (with the exception of MD - Medical Device Manufacturers, for whom the entry into force of the UKCA marking has officially been postponed to July 2024)

Failing a legislative act from the British Government, therefore, starting from 1 January 2023, a Manufacturer who intends to place goods on the UK market will have to:

  • carry out a risk assessment according to the British Designated Standards;
  • make the product compliant with the Essential Requirements of UK regulations;
  • make sure that an Approved Body authorized by UKAS (National Accreditation Body for the United Kingdom) is involved;
  • appoint a legal representative resident in the UK territory;
  • affix the UKCA marking to its products.

And this is indeed our advice, in order to avoid unpleasant issues and infringement of market placement regulations.

For the time being, the British regulations closely follow the European legislation from which they originate, but nobody can foresee for how long they will continue to be aligned. 

The same can be said for the standards that ensure presumption of conformity, which to date are the same for the UK and the EU: at some point, however, the UK standards will likely take on their own specific identity.

Our advice for Manufacturers interested in selling their products in the UK is still the same: conforming to the requirements that the English law is in the process of establishing as soon as possible, and prepare the necessary documentation, as this delayed enforcement should be considered not certain yet, and in any case, a mere extension of the transition period, during which UK importers will be able to require in any case the UKCA marking to be affixed.

Finally, please note that Faentia Consulting has already contacted Approved Bodies authorized to grant the required UKCA product Certification to guarantee an authorised contact for our Customers in the United Kingdom.

Ing. Claudio Barone
Product Safety Analyst @
Faentia Consulting Srl