Beyond Brexit: CE-marking recognition amplified
Written By
Senior Associate
UK
I am a senior associate in the Intellectual Property Group in London, with a focus on regulatory and commercial matters primarily in the life sciences and healthcare sectors.
Partner
UK
I am a partner in our Intellectual Property practice based in London, specialising in IP enforcement and litigation across a range of rights including patents, trade marks, designs and confidential information. I frequently act in complex litigation (often with a cross border element) before the IPEC, High Court, Court of Appeal and CJEU, as well as in proceedings before the EUIPO/UKIPO. I also advise on international customs enforcement programmes and detentions.
Related
Practices
Sectors
Trending Topics
Regions
Countries
Recent updates to the official guidance regarding the use of the UKCA-mark suggest that the UK Government intends to extend, indefinitely, its recognition of the EU’s CE-mark in relation to even more categories of goods being placed on the Great Britain market.
Further to our previous update, the latest UK Government’s UKCA-marking guidance (made on 24 January 2024) provides that the CE-marking affixed to three additional categories of products destined for the Great Britain market will continue to be recognised, indefinitely, beyond December 2024. The latest product categories to be included are those falling within the scope of regulations concerning ecodesign, civil explosives, and in most circumstances, restriction of hazardous substances (in electrical equipment) (RoHS). At the time of writing, the following 21 product categories will benefit from this continued recognition of the CE-marking:
- toys
- pyrotechnics
- recreational craft and personal watercraft
- simple pressure vessels
- electromagnetic compatibility
- non-automatic weighing instruments
- measuring instruments
- measuring container bottles
- lifts
- equipment for potentially explosive atmospheres (UKEX)
- radio equipment
- pressure equipment
- personal protective equipment (PPE)
- gas appliances
- machinery
- equipment for use outdoors
- aerosol dispensers
- low voltage electrical equipment
- civil explosives
- ecodesign
- restriction of hazardous substances (in electrical equipment) (RoHS)
While detailed guidance has not yet been published, this extension in the relaxation of regulation effectively does away with the requirement to affix a UKCA-mark on additional product categories being placed on both the EU and the Great Britain markets from January 2025.
The above announcement does not currently apply to the following product categories (in terms of which specific guidance shall continue to apply and the UKCA-marking required, subject to specific transitional provisions):
- medical devices
- construction products
- marine equipment
- rail products
- cableways
- transportable pressure equipment
- unmanned aircraft systems
Separately, the UK Government also announced that it is introducing a new ‘Fast-Track’ provision which will allow manufacturers to place products on the Great Britain market where they meet the EU essential requirements and, where required, have been conformity assessed by an EU recognised conformity assessment body. To benefit from this provision, manufacturers will need to affix the UKCA-marking (in a way that is allowed) and draw up the UK Declaration of Conformity, but listing compliance with the relevant EU legislation. This also means that where products fall within multiple regulations, a mixture of both UKCA and CE conformity assessment procedures can be used. This is designed to provide longer-term certainty and flexibility for businesses should the UK mandate UKCA for certain regulations in the future. As at the date of writing this update, detailed guidance on this proposed ‘Fast-Track’ arrangement is yet to be published.
Should you have any questions regarding the above or any other product compliance regulatory matter in the UK or abroad, please do not hesitate to reach out to us.
