On September 1, 2020, the UK Department for Business, Energy and Industrial Strategy issued guidance on using the UKCA mark. From January 1, 2021, the UKCA mark will be used for products placed on the market in Great Britain (including England, Wales and Scotland, but not Northern Ireland). However, to allow businesses more time to adapt to the new requirements, the CE mark will still be accepted on most products until January 1, 2022.

1. Relationship between UKCA Mark and CE Mark:

◆ The UKCA mark will take effect from January 1, 2021. However, to give businesses time to adapt to new requirements, the UK market (Great Britain) will accept products with CE marking until January 1, 2022. For products that were fully manufactured and ready for the market before January 1, 2021, these products can still be sold in the UK market (Great Britain) using the CE mark until January 1, 2022.

◆ Goods currently being sold to the UK market (Great Britain) and newly designed products not yet placed on the market need to use the UKCA mark from January 1, 2021.

◆ To allow the same new product to enter both the EU and UK markets, it will still need to bear the CE mark. EU authorities will not accept the UKCA mark. From January 1, 2022, the UKCA mark will be mandatory for products entering the UK market (Great Britain) (with exceptions for products subject to special transitional deadlines).

◆ Currently, products entering Northern Ireland will follow special arrangements under the protocol and will continue to use the CE mark or UK(NI) mark. It is expected that after the 2024 referendum, Northern Ireland will make new adjustments.

2. Relationship between UK Regulations and EU Directives:

At this stage, UK regulations corresponding to EU directives are largely consistent with EU directives in terms of product scope, standards, and conformity assessment procedures. However, UK regulations will be updated periodically. For example, No. 8 "The Ecodesign for Energy-Related Products and Energy Information (Amendment) Regulations 2019" has revised relevant terms and expressions, added transition period clauses for exiting the EU, etc., in preparation for using the UKCA mark.

3. Scope of UKCA Mark Application:

1. Toy Safety

2. Recreational Craft and Personal Watercraft

3. Simple Pressure Vessels

4. Electromagnetic Compatibility

5. Non-automatic Weighing Instruments

6. Measuring Instruments

7. Lifts and Lifting Equipment

8. Equipment for Explosive Atmospheres (ATEX)

9. Radio Equipment

10. Pressure Equipment

11. Personal Protective Equipment

12. Gas Appliances

13. Machinery

14. Outdoor Noise

15. Ecodesign

16. Aerosols

17. Low Voltage Electrical Equipment

18. Restrictions of Hazardous Substances

Products covered by the UKCA mark also include some with special rules: Medical Devices, Railway Interoperability, Construction Products, Civil Explosives.

4. Rules for Using the UKCA Mark:

Applying the UKCA Mark:

Before January 1, 2023, for most products (except those subject to special rules), the UKCA mark can be affixed to the product's label or accompanying documentation. From January 1, 2023, in most cases, the UKCA mark must be affixed directly to the product. Therefore, businesses should start preparing for this.

General Rules:

◆ The UKCA mark may only be affixed to a product by the manufacturer or their UK authorized representative (where permitted by law)

◆ When affixing the UKCA mark, the manufacturer takes full responsibility for the product's compliance with relevant regulations

◆ The UKCA mark may only be used to demonstrate product compliance with relevant UK law

◆ No markings that could misrepresent the meaning or form of the UKCA mark may be provided to third parties

◆ No other markings may be placed on the product that affect the visibility, legibility or meaning of the UKCA mark

◆ The UKCA mark may not be affixed to a product unless required by law

Rules for Using the UKCA Mark:

Manufacturers must ensure:

◆ If the mark is reduced or enlarged, the proportions of the UKCA letters must be maintained

◆ The UKCA mark is at least 5mm in height, unless a different minimum dimension is specified in the relevant regulations

◆ The UKCA mark is clearly visible and legible

5. Technical Documentation Requirements:

Record Keeping:

The manufacturer or their authorized representative (where permitted by law) must keep documentation demonstrating the product's compliance with regulatory requirements. This must be kept for 10 years after the product is placed on the market. The documents to be kept will depend on the specific regulations applicable to the product, but generally must include records of:

◆ How the product was designed and manufactured

◆ How conformity with relevant requirements has been demonstrated

◆ Addresses of the manufacturer and any storage facilities

UK market surveillance or enforcement authorities may request this information at any time to check product compliance with statutory requirements.

UK Declaration of Conformity (UK DoC):

The UK DoC is a document that must be drawn up for most products bearing the UKCA mark. In the document, the manufacturer or their UK authorized representative (where permitted by law) must:

◆ Declare that the product complies with the relevant statutory requirements applicable to the specific product

◆ Ensure the document contains the name and address of the manufacturer (or UK authorized representative), and information about the product and the notified body (if applicable)

The manufacturer must provide the UK DoC to market surveillance authorities upon request.

The information required for the declaration of conformity will be essentially the same as currently required for the EU declaration of conformity, and may vary depending on the applicable regulations, but typically should include:

◆ Name and full business address of the manufacturer or authorized representative

◆ Product serial number, model or type identification

◆ A statement (taking full responsibility for product compliance)

◆ Details of the notified body that carried out the conformity assessment procedure (if applicable)

◆ Relevant regulations with which the product complies

◆ Name and signature of the UK DoC signatory

◆ Date the declaration was issued

◆ Supplementary information (if applicable)

Additionally, the following must be listed:

◆ UK relevant regulations, rather than EU regulations

◆ UK designated standards (BS), rather than standards cited in the EU Official Journal

From January 1, 2021, the substance and reference of UK standards will be the same as those used in the EU, but the prefix "BS" will be used to indicate that they are standards adopted by the British Standards Institution (BSI) as the UK national standards body.