Deadline for new UKCA product marking extended ‘indefinitely’

The CE marking is required for goods sold in the European Economic Area (EEA). After Brexit, UK ministers had planned to replace the European mark with a ‘UKCA’ mark. Use of the UKCA mark, which would demonstrate that products comply with product safety regulations in Great Britain, was originally due to become mandatory on 1 January 2022. In 2021, however, the deadline was extended by a year, before it was pushed back again to December 2024.

The Department for Business and Trade said the latest decision would prevent a “cliff-edge moment” next year when UKCA was set for entry. It added that the intervention would ensure businesses no longer face uncertainty over the regulations to help them focus on innovation and give them the flexibility to choose between the CE and UKCA marks.

But Zoe Betts of Pinsent Masons said the latest delay could herald the “death knell” for the UKCA mark entirely. “While the government says that the decision will give business the choice on which mark to use, the reality is that companies supplying goods in scope of the extension across Europe will very likely opt for the CE mark. Those businesses already utilising the CE mark might now be reluctant to commit funds to make the change.”

Recognition of the CE marking will now continue indefinitely for many goods on the market in Great Britain, including toys, pyrotechnics, measuring instruments, personal protective equipment (PPE), gas appliances, machinery and aerosols. However, the government has confirmed that the indefinite delay will not apply to construction goods, which are regulated separately by the Department for Levelling Up, Housing and Communities (DLUHC).

Instead, recognition of the CE mark for construction products in Great Britain will continue until 30 June 2025, when implementation of the UKCA marking scheme is set to become mandatory.  The industry has repeated calls for a uniform approach to CE marking across sectors.