UKCA: Unrestricted acceptance of the CE mark intended
Since Brexit, many aspects of trade between the United Kingdom and the European Union have changed significantly. One of the significant changes concerns the certification of products for the UK market. The CE mark, which previously stood for conformity with EU regulations, has been replaced in the UK by the UKCA mark.
An announcement was made on 1 August 2023 by the UK Department for Business and Trade. The UK government stated that the CE mark will continue to be accepted as a mark of conformity for the UK market indefinitely.
However, it is important to note that this acceptance of the CE mark does not apply to all CE legislations. In particular, construction products and medical devices will still not be able to be marketed with a CE mark in the UK.
The question of how the UK government will ensure that EU and UK law are synchronised when changes are made remains open and could play a crucial role for companies operating across borders.
With regard to harmonisation legislation, the UK remains a non-EU country for products. This means that there must always be an importer with corresponding obligations for the sale of products in the UK. The uncertainty over what the final legislative text will look like creates a challenge for businesses who will need to adapt their strategies to remain compliant.
Another area of uncertainty concerns the choice for manufacturers in the UK between CE and UKCA labelling. The question of whether and to what extent this flexibility will be granted is of great interest to companies wishing to place their products on the UK market.
This emphasises the complexity of the transitional arrangements and the need for companies to carefully consider the specific requirements for their products. We are happy to support you in this process.
