What is the UKCA mark and how does it affect my small enterprise?

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The UKCA mark will have to be positioned on merchandise offered inside Great Britain

Now that we’ve left the EU, small companies want to consider modifications to how they label their merchandise, together with the UKCA.

We clear up what the UKCA mark is and what you have to do to maintain compliant.

What is the UKCA mark?

The UK Conformity Assessed (UKCA) mark, pictured left, is a marking for merchandise on the market in Great Britain (England, Scotland and Wales). It replaces the CE mark.

The UKCA mark

Do I would like to make use of the UKCA marking?

If you’re promoting items inside Great Britain – and they beforehand wanted the CE mark – then sure. As properly as items which have beforehand wanted the CE mark, it’s wanted on aerosols which beforehand wanted a ‘reverse epsilon’ marking, as proven under.

Epsilom marker

The UKCA got here into impact on January 1 2021 as soon as the Brexit transition interval ended. However, an adjustment grace interval has been allowed so you’ll be able to nonetheless use the CE mark till January 1 2022 whilst you make changes. You needs to be seeking to change to the UKCA mark as quickly as potential although.

You solely want to make use of the UKCA earlier than January 1 2022 if all of the following apply:

Your product is for the market in Great Britain
It’s coated by laws which requires the UKCA marking
It wants third-party conformity evaluation
The conformity evaluation has been carried out by a UK conformity evaluation physique

The product areas listed under are coated by the UKCA marking:

Toy security
Recreational craft and private watercraft
Simple stress vessels
Electromagnetic compatibility
Non-automatic weighing devices
Measuring devices
Lifts
ATEX
Radio tools
Pressure tools
Personal protecting tools
Gas home equipment
Machinery
Equipment to be used open air
Ecodesign
Aerosols
Low voltage electrical tools
Restriction of hazardous substances

These merchandise are coated by the UKCA marking however have some particular guidelines:

However, the marking doesn’t apply to current merchandise – that is to say the product was absolutely manufactured and CE-marked earlier than January 1 2021. These merchandise can nonetheless be offered in Britain with a CE marking even when they’ve had conformity checks from a third-party physique earlier than January 1 2021.

What guidelines do I must observe?

The CE marking is solely legitimate in Great Britain for areas the place UKCA and CE guidelines keep as they’re now. If the EU modifications its guidelines on CE for member states and you CE mark your product, you may not be capable to promote it in Great Britain, even when it is earlier than December 31 2021.

The technical necessities and the conformity processes and requirements you have to meet for UKCA are largely just like CE requirements. This consists of the self-declaration of conformity.

Legislative areas the place self-declaration of conformity for UKCA marking is permitted are in the desk under.

LegislationScope of merchandise which may be self-declared
Electromagnetic Compatibility Regulations 2016All merchandise
Toy (Safety) Regulations 2011Products the place all important necessities are coated by designated requirements and the producer has utilized these requirements
The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2012All merchandise
Medical Devices Regulations 2002 Some Class I gadgets
Radio Equipment Regulations 2017Products the place all important necessities are coated by designated requirements and the producer has utilized these requirements
The Pressure Equipment (Safety) Regulations 2016Category I stress tools
Construction Products Regulations (Regulation (EU) 305/2011 as introduced into UK legislation and amended)Products inside scope of System four
Recreational Craft Regulations 2017Certain classes of leisure craft as laid out in the laws
The Electrical Equipment (Safety) Regulations 2016All merchandise
The Supply of Machinery (Safety) Regulations 2008Products the place all important necessities are coated by designated requirements and the producer has utilized these requirements
The Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations 2016Equipment-group II, tools class three
Personal Protective Equipment Regulations (Regulation (EU) 2016/425 as introduced into UK legislation and amended)Category I private protecting tools

For lots of the product sorts listed above, some transitional measures apply. Until January 1 2023, for many items (besides these topic to particular guidelines), you’ll be able to affix the UKCA marking on a label which is affixed to the product or on an accompanying doc. It’s as much as financial operators (producers, importers or distributors) to make sure that the UKCA marking stays in place.

Construction merchandise, medical gadgets, interoperability of the rail system and transportable stress tools are beneath UKCA however these transitional measures don’t apply.

If you need to change the dimension of the letters in the UKCA picture to suit your product or packaging, then they need to stay in proportion to the picture displayed on the authorities web site. They should be a minimum of 5mm in peak, until said in any other case by related laws. It should even be completely seen. From January 1 2023, it should be completely connected.

Where do I put the UKCA marking?

In most instances, you’ll want to use the marking to the product itself or to the packaging. In different instances, it may be positioned in the guide or on different supporting literature. This will fluctuate relying on the product.

Here is a mock-up of what an IKEA toy would appear like with the new marking:

UKCA marking on IKEA toy

UKCA markings have to be positioned on a product by both you as the producer or by a licensed authority (the latter is solely allowed consistent with related laws).

When attaching a UKCA marking, you’re taking full duty in your product’s conformity consistent with the related laws. You should not place any marking or signal that may misconstrue the that means or type of the UKCA to 3rd events, nor must you connect something which obscures the UKCA marking.

What technical documentation do I would like?

Record protecting

You (or the related authority) should preserve a report to reveal that your product complies with laws. It should be saved for as much as ten years after the product goes to market. This info may be requested at any time by market surveillance or enforcement authorities to examine your product conforms with the compliance.

Again, the documentation you have to preserve is determined by the laws related to your product. But you have to preserve common information of how the merchandise are designed and manufactured; how the product has been proven to evolve to related necessities; and the deal with of the producer and any storage services. Keep this info in the type of a technical file which may be offered if requested by the market surveillance authority.

UK Declaration of Conformity

The info required on the Declaration of Conformity is largely the similar as what was required on an EU Declaration of Conformity. This can fluctuate relying on the software laws however usually ought to embrace:

Your identify and full enterprise deal with or that of your authorised consultant
The product’s serial quantity, mannequin or kind identification
An announcement, stating you’re taking full duty for the product’s compliance
The particulars of the accepted physique which carried out the conformity evaluation process (if relevant)
The related laws with which the product complies
Your identify and signature
The date the declaration was issued
Supplementary info (if relevant)

You might want to checklist:

Relevant UK laws (reasonably than EU laws)
UK designated requirements reasonably than requirements cited in the Official Journal of the European Union

Can I’ve a UKCA and a CE marking on the similar product?

If your product is offered in Great Britain and the EU, you’ll be able to have each markings.

UKNI is getting used alongside CE for merchandise on the market in Northern Ireland. Read extra about the use of UKNI marking on the authorities web site.

Where can I get extra recommendation?

Further questions may be despatched to goodsregulation@beis.gov.uk.

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