On November 14, 2022, to the surprise of many experts as well as the industry, the UK Department for Business, Energy & Industrial Strategy (BEIS) had extended the deadline for the introduction of the UKCA mark by another 2 years:
"The deadline for when businesses need to use the UKCA mark has been extended. You can continue to use the CE marking and reversed epsilon marking on the GB market until 31 December 2024."
This deadline extension has yet to be transposed into the relevant legislation by the UK government. For your planning and for clarity, we would like to summarize the various deadlines again here:
- Until 31.12.2020, the single market regulations of the EU applied in the UK.
- Since 31.01.2020, the UK is no longer a member of the EU (Exit Day).
- On 31.12.2020, the transition period in which the UK was still a member of the Economic and Customs Union ended (IP Completion Day).
- Since 01.01.2021 changed economic and customs conditions apply and the Trade and Cooperation Agreement between UK and EU came into force provisionally.
- From 01.01.2021 to 31.12.2024, manufacturers can alternatively still affix the CE marking (with EU Declaration of Conformity) or already the UKCA marking (with UK Declaration of Conformity) on the product.
- From 01.01.2025, the UKCA marking must be mandatory on the product or the accompanying document.
- As of 01/01/2028, the UKCA marking mustbe affixed directly and permanently to the product (labeling no longer permitted).
Important: This deadline extension does not change the fact that the respective economic operator in the supply chain has certain legal obligations since 01.01.2021, regardless of whether the EU regulations are still accepted or the UK regulations are already applied. Non-compliance leads straight to regulatory action – regardless of whether under EU or UK law.
Economic operator can be:
- a manufacturer established in the UK;
- an importer (by definition established in the UK) if the manufacturer does not have an establishment in the UK;
- an authorized representative (by definition established in the UK) who has been appointed in writing by the manufacturer to perform certain tasks specified in the Statutory Instruments on behalf of the manufacturer.
The UK has not transposed the EU Market Surveillance Regulation 2019/1020 into UK law (thus the "fulfilment service provider" is missing). Regulation (EC) 765/2008 therefore still applies there, but market restrictive measures can be directed against all economic operators in the supply chain.
(Paragraph amended on 15.12.2022:) It is important above all that in the case of economic operator 2 (non-UK manufacturer, see above) mandatory information must be provided by the importer. This obligation already applies since 01.01.2021. However, the importer has received the relief that until 31.12.2027 the information on the importer (including the postal address) is also permitted in the accompanying documents. As of 01.01.2028, the information on the importer must be found on the product or the packaging (depending on the respective "statutory instrument").
It should also be noted that there are special regulations for some industrial sectors and for RoHS, which must be observed separately:
- Medical devices
- Rail interoperability
- Construction products
- Civil explosives
- Marine equipment
- Energy using products
- Transportable pressure equipment
- Hazardous substances (RoHS)
We can only repeatedly point out to deal with the requirements in detail and to seek expert advice if necessary. Unfortunately, it is becoming increasingly clear what chaos is being caused here. Our team of experts will be happy to help – just contact us.