Understanding the use of the UKCA Mark for UK markets

The new UKCA Mark

UKCA logo

Due to the UK leaving the EU, a new UK product marking regulation will be used in place of the CE mark for goods being placed on the UK market. CSA Group Approved Body (No. 0518) is a UKCA Approved Body, allowing us to perform conformity assessments for those products. Starting 1 January 2021, UKCA and UKNI marks will be the conformity assessment marking for goods entering the Great Britain and Northern Ireland markets that are currently subject to CE marking. However, to allow time for adjustments to the new requirements, businesses will still be able to use the CE marking until 1 January 2023.

Businesses should be ready to use the UKCA marking from 1 January 2023 at the latest, although they should look to use the UKCA marking as soon as possible.

Using the UKCA Mark
UK Declaration of Conformity
Continuing use of the CE Mark
Conformity assessment for the EU market
Using both the CE and UKCA marking
Frequently Asked Questions about Brexit and the new UKCA marking
For more information about the UKCA mark please contact the CSA Group UK office

Using the UKCA Mark

The following general rules apply using UKCA markings:

  • UKCA markings must only be placed on a product by the manufacturer or authorized representative (where allowed for in the relevant legislation)
  • When attaching the UKCA marking, businesses take full responsibility for their product’s conformity with the requirements of the relevant legislation
  • Businesses must only use the UKCA marking to show product conformity with the relevant UK legislation
  • Businesses must not place any marking or sign that may misconstrue the meaning or form of the UKCA marking to third parties
  • Businesses must not attach other markings on the product which affect the visibility, legibility or meaning of the UKCA marking
  • The UKCA marking cannot be placed on products unless there is a specific requirement to do so in the legislation

In addition to the above, on June 20th, 2022, The UK Government introduced a range of changes to make it simpler for businesses to apply new product conformity markings for most products placed on the market in England, Scotland and Wales.

The new measures

Reducing re-testing costs:

Any conformity assessment activities undertaken by EU bodies before the end of 2022 will be considered as the basis for UKCA marking next year. Legislation on this will be brought forward before the end of the year and will enable manufacturers to apply the UKCA mark on these products without the need for re-testing.

Removing the need to re-test existing imported stock:

This will allow CE marked products that are manufactured and imported into the UK by the end of 2022 to be sold, without the need to meet UKCA requirements. This will remove the current need for re-testing and re-certifying products that are imported while the UK recognizes CE requirements.

Continuing to accept spare parts onto the GB market:

The UK will continue to accept spares onto the GB market which comply with the same requirements that were in place at the time the original products or systems they were being used to repair, replace or maintain were placed on the market. This will help to address concerns about the availability of spare parts and ensure businesses and organizations avoid disruption to their operations.

Extending labelling measures:

To make it cheaper and logistically easier for businesses to continue to supply goods to Great Britain, legislation will be brought forward to extend current labelling easements to allow important information and other UKCA markings to be added to products using a sticky label or an accompanying document.

(ref: https://www.gov.uk/government/news/government-to-make-it-simpler-for-businesses-to-apply-new-product-safety-markings)

UK Declaration of Conformity

The UK Declaration of Conformity is a document which must be drawn up for most products lawfully bearing a UKCA marking.

In the document businesses, or an authorized representative (where allowed for in the relevant legislation), should:

  • Declare that the product is in conformity with the relevant statutory requirements applicable to the specific product
  • Make sure the document has the name and address of the manufacturer (or an authorized representative) together with information about the product and the conformity assessment body (where relevant)

The UK Declaration of Conformity should be available to market surveillance authorities on request.

The information required on the Declaration of Conformity will be largely the same as what is currently required on an EU Declaration of Conformity. This can vary depending on the application legislation but generally should include:

  • Business name and full business address or that of an authorized representative
  • The product’s serial number, model or type identification
  • A statement, stating the business takes full responsibility for the product’s compliance
  • The details of the approved body which carried out the conformity assessment procedure (if applicable)
  • The relevant legislation with which the product complies
  • Business representative’s name and signature
  • The date the declaration was issued
  • Supplementary information (if applicable)

You will need to list:

  • Relevant UK legislation instead of EU legislation
  • UK designated standards rather than standards cited in the Official Journal of the European Union

Continuing use of the CE Mark

The CE marking will be accepted in the UK until 1 January 2023 for some products with a certificate of conformity from an EU-recognized notified body or pre-existing stock. Pre-existing stock of a product that would normally need the UKCA marking but was fully manufactured before 31 December 2020 and covered by a UK certificate of conformity can still be placed on the UK market after 1 January 2021 with CE marking.

Conformity assessment for the EU market

Any mandatory third-party conformity assessment for the EU market will need to be carried out by an EU-recognized conformity assessment body.

Very few certification providers have both the physical presence and Notified Body status in the EU and Approved Body status in the UK to meet the requirements to issue the CE and UK Conformity Assessment.

Using both the CE and UKCA marking

Goods can carry both the CE and UKCA markings so long as they are fully compliant with both UK and EU regulations. CSA Group maintains both an EU-27 Notified Body (CSA Group Netherlands B.V, Notified Body number 2813), and a UK Approved Body ( CSA Group Testing UK Ltd No. 0518) ensuring we can offer UKCA and CE services in a seamless and efficient manner.

Frequently Asked Questions about Brexit and the new UKCA marking

1. What is the UKCA?

The UKCA (UK Conformity Assessed) marking is a new UK product marking regulation that will be used in place of the CE mark in the UK market.

2. What is the current status with the implementation of the UKCA mark?

From 1st January 2021, the UKCA mark can be used on products placed on the UK market. The UKCA marking will apply to most goods that are currently subject to CE marking.

Whilst the UKCA mark became available from 1st January 2021 (whereby manufacturers will be permitted to mark their products with UKCA marking (subject to the relevant assessment being conducted)), to allow businesses time to adjust, CE marked goods that meet EU requirements can continue to be placed on the GB market until 1st January 2023, whereby EU and UK requirements remain the same. This will include, for example, products certified by an EU Notified Body.

The transition period is strictly time limited and the advice is for businesses to be ready for full implementation of the new Great Britain regime well ahead of January 1st, 2023 deadline date, including (where applicable) engaging the services of a UK Approved Body.

3. Based on the above, will the UK accept CE marked goods?

Yes, for a time-limited period. Until January 1st, 2023, CE marked goods will be accepted on the UK market. Third-party approved products bearing the CE mark must be issued from an EU Notified Body.

4. Can the same body assess and certify products for entry into both the UK and EU?

No, however, CSA Group is one of only a few organizations that can provide solutions for entry into both Europe and the UK, specifically for products used in ‘Ex’ explosive atmospheres (hazardous locations), due to our position as a leading testing, inspection and certification company. UKCA assessment and certification must be conducted by a UK Approved Body located in the UK. For entry into the EU, certification must be conducted by an EU Notified Body. Under CSA Group we maintain both an EU ATEX Notified Body (CSA Group Netherlands B.V, Notified Body number 2813), and an UK Approved Body (S CSA Group Testing UK Ltd (No. 0518). This ensures we can offer both ATEX and UKCA services in a seamless and efficient manner.

5. Is CSA Group accredited as a UK Approved Body?

Yes. CSA Group’s UK-based body, CSA Group Testing UK Ltd is a UKAS-accredited, UKCA Approved Body (Approved Body Number 0518).

6. What will the actual assessment and certification process look like?

UKCA denotes a number of “Designated Standards” that products must be in compliance with (see here for the list of Designated Standards for equipment for explosive atmospheres: https://www.gov.uk/government/publications/designated-standards-atex); these Designated Standards largely mirror the EN standards found within the European Journal. Further, the fundamental principles of UKCA for hazardous locations follow closes those of ATEX (for example, definition of hazardous area zones, categories of equipment and conformity assessment procedures).

In practice, therefore, if there is an existing ATEX or IECEx certification file for the products that also require UKCA, CSA will aim to utilize this existing data in support of UKCA approval. Where further assessment may be required (for example, if the ATEX file was certified to EN standards that are no longer harmonized standards and therefore do not meet the latest technical requirements of the corresponding UKCA Designated Standards), CSA will conduct any necessary assessment required to ascertain if the product can demonstrate compliance to the Designated Standards.

In the majority of cases, a UKCA Quality Assurance Notification (QAN) will be required, and the requirements of this are also very similar to ATEX QANs. CSA will aim to conduct a desk-based review of any existing QAN data in support of issue of a UKCA QAN.

For non-electrical equipment used in an explosive atmosphere (for Zone 1/21), a product assessment using the EN ISO 80079-36 and -37 standards can be carried out by the manufacturer with the documentation in the form of a technical file being lodged with a UKCA Approved Body.

7. Can I use the assessment data in my CSA Group ATEX file in support of the issue of a UKCA certificate?

Yes. As the legislation for UKCA for ‘Ex’ products is broadly similar when compared to ATEX Directive 2014/34/EU, our certification team will base their assessment of UKCA on this existing data. We will check submitted ATEX files for compliance against UKCA Designated Standards, and review any third-party component incorporated into the design against UKCA requirements. Should additional assessment be needed to issue a UKCA approval, this will be communicated following our review.

8. Can existing ATEX certificates issued by other test bodies be used as supporting documentation for CSA Group ( CSA Group Testing UK Ltd) to issue certification for UKCA?

Yes, and CSA Group will provide any additional evaluation needed to support the issue of a UKCA certificate.

9. Which documents are needed for the assessment?

Documentation that is used in the assessment process will emulate that of the CE mark in the EU market so the documents for CE mark should be sufficient, with appropriate amendment to include the UKCA marking.

10. How long will such an assessment take?

Timing will be based on the review of the application data, and the availability of such data. Please contact CSA Group for more details.

11. I have an ATEX certificate issued by CSA Group Netherlands, Notified Body 2813. What will happen to my certificate?

Your certificate will continue to remain valid when placing product on the EU marketplace. For UK entry, the UK Government published guidance which explained that CE-marked products will continue to be accepted into the UK until 1st January 2023. Products will have to be UKCA-approved by this time to enter the UK. However, the UK Government’s advice is to ensure you implement UKCA as soon as possible. CSA Group is here to support you in gaining UKCA approval; please contact us for more details.

12. Is the UKCA mark accepted within the EU?

No. Products currently requiring CE marking will still need a CE mark for sale in the EU.

13. I have CE marked product in stock. Am I able to place this product on the UK market without a UKCA mark?

Yes, subject to any third-party approval that supported the affixing of the CE mark being based in an EU member country. Further, this stock would have to be placed on the market prior to the end of the January 2023 transition period.

14. How do I affix the UKCA mark to my product?

UKCA marking must be affixed to the product. This link provides further information on how to affix the UKCA mark https://www.gov.uk/guidance/using-the-ukca-mark-from-1-january-2021

15. Will I need a separate quality audit in addition to my QAN?

Where allowable, we would expect to use existing quality audit data and carryout combined UKCA/ATEX audits where possible.

16. I intend to place my product into Northern Ireland. Do I need to affix the UKCA mark?

The Ireland/Nothern Ireland Protocol came into force on January 1st, 2021. The CE mark will continue to be the relevant marking for ‘Ex’ products in the market. UKCA alone will not be valid for the NI mark, though UK Approved Bodies can issue the UKNI mark. However, if a manufacturer already uses the services of an EU Notified Body, they will only need to use the CE mark for NI entry.

17. How can CSA Group help me obtain UKCA approval?

CSA Group is one of only a few organizations able to issue UKCA for products used within ‘Ex’ explosive atmospheres (hazardous locations) in the UK. Our body, CSA Group Testing UK Ltd , will be able to issue UKCA, amongst many other complimentary services offered within the CSA Group, such as ATEX, IECEx, entry to North American hazardous locations and many more international marketplaces. Our team is here to support and guide on the requirements and provide cost effective and efficient solutions for your needs.
Learn more about ATEX certification and approval and our Industrial & Hazardous Locations Equipment solutions.

For more information about the UKCA mark please contact the CSA Group UK office

CSA Group Testing UK Ltd. (Hawarden)
Unit 6, Hawarden Industrial Park
Hawarden, Deeside, CH5 3US
United Kingdom
+44 1244 670 900
www.csagroupuk.org
 
Resources for additional information:

Conformity assessment bodies: change of status from 1 January 2021.
https://www.gov.uk/guidance/conformity-assessment-bodies-change-of-status-from-1-january-2021

Using the UKCA mark from 1 January 2021.
https://www.gov.uk/guidance/using-the-ukca-mark-from-1-january-2021

Placing manufactured goods on the EU market from 1 January 2021.
https://www.gov.uk/guidance/placing-manufactured-goods-on-the-eu-market-from-1-january-2021

Placing manufactured goods on the market in Great Britain from 1 January 2021.
https://www.gov.uk/guidance/placing-manufactured-goods-on-the-market-in-great-britain-from-1-january-2021

UKCA Designated Standards:
https://www.gov.uk/government/publications/designated-standards-atex

CSA Group Testing UK Ltd UKCA Approved Body Notification:
https://www.gov.uk/uk-market-conformity-assessment-bodies?keywords=sira

Guidance document from the Office for Product Safety and Standards, related to UKCA:
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/935730/Guide-to-atex-regulations-2016.pdf