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.

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About BAMA

The British Aerosol Manufacturers' Association (BAMA) represents the aerosol supply chain, from suppliers of components and ingredients, to fillers and brand owners. The association offers a range of business support and advice services to members and represents the views of the industry to legislators and regulators.

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