CE Marking Requirements in the United Kingdom: An Overview

Not sure whether importers and manufacturers require the CE mark for their products in the United Kingdom? In this article, we explore the relevance of the CE mark in the UK post-Brexit, its differences from the UKCA mark, and the CE marking requirements.

What is the purpose of CE marking?

The purpose of the CE mark is to communicate to external stakeholders (like consumers for instance) that the CE-marked product is safe because it meets the essential requirements of the relevant EU directives and regulations.

Affixing the CE mark is but one of the requirements that importers and manufacturers are obligated to adhere to. They should observe the relevant regulations that affect their product category.

Regulatory requirements include:

a. Providing technical documentation

b. Issuing a Declaration of Conformity

c. Adhering to labelling requirements (e.g. traceability information)

d. Acquiring lab testing reports for assessing whether the product meets essential requirements

e. Having the product assessed by a Notified Body (if relevant)

Is CE marking accepted in the UK?

The UK has left the European Union. As a result, from 1 January 2023, importers and manufacturers must affix the UKCA mark on their products or packaging, as the CE mark will no be longer accepted.

However, the UK has retained certain EU regulations, and references are made to their content to ultimately ensure the safety of products entering the UK market.

Post-Brexit, most products with the CE mark may continue to be sold in the UK until 1 January 2023. However, excluding Northern Ireland which still follows EU regulations for product safety, the CE mark is not valid where the relevant EU rule has been updated.

Additionally, before 1 January 2023, the CE mark is not valid if all the following conditions are met:

a. The product is intended for the market in the UK (excluding Northern Ireland)

b. The product falls under the ambit of UK legislation which requires the UKCA marking

c. The product category and related UK regulations require mandatory third-party conformity assessment(s) to be done

d. The UK conformity assessment body performed the conformity assessment

Which products require CE marking in the UK?

Some categories of products might require a recognized mark of compliance in order to be placed in the UK market. Until 1 January 2023, importers and manufacturers who do not need to have their products assessed for conformity by an UK Approved Body, can have only the CE mark affixed to the products.

However, as already said, the CE mark is only valid in the UK (excluding Northern Ireland) where the applicable EU regulations have not changed.

The following are some product categories that may require the CE mark provided that the previously-mentioned conditions are valid:

• Toys
• Electronics
• Lifts
• Machinery
• Measuring instruments
• Non-automatic weighing instruments
• Personal protective equipment
• Pressure equipment
• Pyrotechnics
• Recreational craft
• Simple pressure vessels

Which products should not be CE marked in the UK?

In general, products that are not covered by one or more CE marking directives or regulations, do not require CE marking. This includes products such as:

• Chemicals
• Pharmaceuticals
• Cosmetics
• Foodstuffs

However, even then there may be non-CE marking-related legislative requirements that apply to your product. If no legislative requirements apply to your product, the General Product Safety Regulations (GPSR) may apply. The GPSR compels importers and manufacturers to supply safe products when placed in the UK market.

Can CE marked products still be sold in the UK after 1 January 2023?

Products sold in Northern Ireland would continue to be CE marked as per EU regulations by virtue of the Northern Ireland Protocol. However, for the rest of the United Kingdom, the CE mark will not be recognized after 1 January 2023.

What is the difference between the CE mark and UKCA mark?

Below we have a side-to-side comparison between the EU and the UK, and their requirements for the CE and UKCA mark.

Requirements

Overview	CE mark directives and regulations	UKCA regulations
Compliance mark	CE mark required	UKCA mark required
Declaration of Conformity	The DoC should contain a declaration that the product is in conformity with the relevant EU requirements applicable to the specific product	The DoC should contain a declaration that the product is in conformity with the relevant UK or “retained” EU regulatory requirements applicable to the specific product
Traceability label information	a. Product type, batch, serial, and model number b. Manufacturer’s name, registered trade name, trademark c. Manufacturer’s contact address	a. Product type, batch, serial, and model number b. Manufacturer’s name, registered trade name, trademark c. Manufacturer’s contact address
Technical file	a. How the product is designed and manufactured b. How the product has been shown to conform to the relevant requirements c. Manufacturer’s and storage facilities’ address(es) d. Information required by the specific legislation relevant	a. How the product is designed and manufactured b. How the product has been shown to conform to the relevant requirements c. Manufacturer’s and storage facilities’ address(es) d. Information required by the specific legislation relevant
Test reports	Required to communicate compliance with applicable standards and other technical requirements.	Required to communicate compliance with applicable standards and other technical requirements.
User instructions	Dependent on the relevant regulation, the product may have to be accompanied with: a. User instructions b. Warnings c. Safety information	Dependent on the relevant regulation, the product may have to be accompanied with: a. User instructions b. Warnings c. Safety information
Language requirement(s)	Language(s) easily understood by relevant stakeholders (e.g. end-users)	English
Notified body (when required)	Notified Bodies are required to conduct a conformity assessment under relevant EU legislation	UK Approved Bodies are required and fulfill the same function as EU Notified Bodies

Regulations

Below is a table detailing the EU and corresponding UK regulations that require the CE or UKCA mark to be affixed on products, provided by the relevant UK administration.

CE mark directives and regulations	UKCA corresponding regulations
RoHS Directive	RoHS Regulations
EMC Directive	Electromagnetic Compatibility Regulations
Low Voltage Directive	The Electrical Equipment (Safety) Regulations
Toy Safety Directive	Toy (Safety) Regulations
RecreationalCraft and Personal Watercraft Directive	Recreational Craft Regulations
Lifts Directive	Lifts Regulations
ATEX Directive	Equipment and Protective Systems Intended for use in Potentially Explosive Atmospheres Regulations
Simple Pressure Vessels Directive	Simple Pressure Vessels (Safety) Regulations
Non-automatic Weighing Instruments Directive	Non-automatic Weighing Instruments Regulations
Measuring Instruments Directive	Measuring Instruments Regulations
Radio Equipment Directive	Radio Equipment Regulations
Pressure Equipment Directive	Pressure Equipment (Safety) Regulations
Personal protective Equipment Regulation	Regulation 2016/425 on Personal Protective Equipment
Gas appliances Regulation	Regulation 2016/426 on Gas Appliances
Machinery Directive	Supply of Machinery (Safety) Regulations
Outdoor Noise Directive	Noise Emission in the Environment by Equipment for use Outdoors Regulations
Ecodesign Directive	The Ecodesign for Energy-related Products Regulations

Can I affix both the CE and the UKCA mark on my product?

Yes, products placed in the UK market may contain both the CE and the UKCA mark if fully compliant with both jurisdictions. Hence, it is important to remain sensitive to regulatory changes in both regions.

Generally, products may have other marks unless such additional marks:

• It fulfills the same function as the UKCA mark
• Is likely to cause confusion with the UKCA mark
• Reduces the visibility and legibility of the UKCA mark

Additionally, if the product is to be sold in both regions, an EU notified body and a UK Approved body might need to be appointed as per EU and UK requirements. It is possible for a single organization to be both a recognized EU notified body and a UK Approved body.