Monthly Archives: February 2019

UKCA mark replaces CE: when and how to use it

Dear BAMA Member

Although Government assures us it is working to get a deal with the EU before the March 20th leaving date it is also accelerating the amount of information is it providing to business in the event of no-deal. You will see below links to Technical Notices on regulations and Nominated Persons as well as details on the new UKCA mark which replace the CE mark. The note below explains the circumstance in which you should use the UKCA mark.
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As you are aware, delivering a deal with the EU remains the Government’s top priority. The Government is accelerating no-deal preparations to ensure the country is prepared for every eventuality, as it is the responsible thing to do and will continue to publish guidance to business and citizens to ensure you/your organisations can make informed preparations.

You may be aware that the Government recently updated its technical notices on Goods regulated under the ‘new approach’ if the UK leaves the EU without a deal and Nominated persons (including authorised representatives) if the UK leaves the EU without a deal. These notices are intended to provide guidance to manufacturers of certain goods on how to prepare for Brexit if there is no agreed deal between the EU and the UK.

The Government has today (Saturday 2 February) published the new UK marking (UKCA). In the event that the UK leaves the EU without a deal the new marking may be applied to certain products, such as toys and machinery, sold in the UK, replacing the CE marking.

In most cases manufacturers will not need to use the UK marking immediately. In the event that the UK leaves the EU without a deal manufacturers will be able, for a period of time, to continue to use the CE marking when placing their products on the UK market (if their product meets the relevant EU requirements). This would include products that have had any necessary third-party assessment carried out by an EU-recognised body. The Government would consult businesses before taking a decision on when this period would end.

Products being exported to the EU which currently require the CE marking will need to carry the CE marking to demonstrate compliance with the relevant EU regulatory requirements.

Manufacturers will need to use the UK marking if their products require third party assessment of conformity and if this has been carried out by a UK-based Notified Body (post-exit called an Approved Body). In that case you will have to apply the new UKCA marking after 29 March 2019 (where required by legislation) as the EU will cease to recognise the ability of UK bodies to apply the CE marking. This will not be the case if the certificate of conformity has been transferred to an EU-recognised Notified Body (in which case the CE marking would apply).

For guidance on whether or not your business will need to use the new marking and how to use it, please visit the government’s guidance on using the UKCA marking.

If you have any questions regarding the UK mark, please contact us at goodsregulation@beis.gov.uk. We are receiving a high volume of correspondence at this time but will endeavour to get back to you as soon as we can. We are also considering what further guidance would be useful and would be very grateful for any feedback on the guidance and on specific issues where more detail would be useful.

The Goods Regulation Team, BEIS
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Should you have any questions or queries please do not hesitate to contact us and we will attempt to find you an answer.

BAMA, ADF and European post-Brexit prospects

As we all know, and we are probably sick of hearing, on 29th March 2019 it is planned that the UK will leave the European Union, but three years on from the referendum it is still not known what settlement will be agreed between the EU and the UK.
Chief executive of BAMA, Patrick Heskins, talked about this decidedly hazy landscape in his presentation at the ADF/PCD Paris exhibition.
The ADF/PCD Paris exhibition is Europe’s premier expert innovation event for aerosol and cosmetic packaging. On 30th and 31st January, leading suppliers from a variety of sectors gathered to present their innovations to the industry, and the event was extremely well attended.
In his presentation entitled: ‘Brexit – where are we?’, Patrick explained what the new trading arrangements might look like, what Brexit could mean for EU countries exporting to the UK, and what the regulations could be when trading across this ‘new’ European border.
He also discussed the options still open to the British government and worst-case scenarios in terms of trade tariffs and regulations.
This insecurity surrounding Brexit has also prompted BAMA to reassess the way it addresses international trade shows such as FLADA in Brasil, ADF New York and the Ningbo exhibition in China.
Patrick delivered his presentation on the second day of the conference, ensuring BAMA maintained its visibility with the audience, as well as securing coverage on the show’s website in advance of the event.
In addition, a BAMA/CFA joint workshop was organised to take place in Paris following the close of the ADF event in order to capitalise on the number of industry representatives already in the area.
While the outcome of the ongoing Brexit negotiation is still uncertain, BAMA remains committed to representing the interests of its members both at home and abroad and will maintain a cautious approach to investments at least until the post-Brexit situation becomes clearer.