March 2, 2023 How Does the UKCA Mark Affect Small Businesses?

Understanding the UKCA mark and its implications for small businesses trading with the UK post-Brexit.

The UKCA (UK Conformity Assessed) mark indicates that a product is confirmed as safe for use in the mainland UK. Its Northern Irish counterpart is the UKNI mark. The UKCA mark and the UKNI mark are being phased in as replacements for the EU-run CE mark and reverse epsilon mark. 

Transitioning from CE/reverse epsilon to UKCA/UKNI 

Although the UK finally left the EU on 1st January 2021, it continued to use the EU-run CE and reverse epsilon systems until 31st December 2021. On 1st January 2022, the UK officially introduced its own UKCA/UKNI marks. 

Currently, the UKCA/UKNI system is, effectively, running in parallel with the CE/reverse epsilon systems. Between now and 31st December 2023, however, the CE/reverse-epsilon marks will be phased out of use in the UK. On 1st January 2024, the UKCA/UKNI marks will be the only safety-compliance marks recognised in UK law. 

A timeline for the changeover process 

Until the end of 2022, businesses in the UK can sell products that carry either the UKCA/UKNI mark or the CE/reverse-epsilon mark.  

From 1st January 2023 businesses can only sell products that carry the UKCA/UKNI mark. The UKCA/UKNI mark can be automatically applied to CE-/reverse-epsilon-marked goods imported before the end of 2022. For simplicity, if products are already CE-/reverse-epsilon-marked, businesses will be permitted to apply the UKCA/UKNI mark with a sticker and/or via supporting documents.  

This validation will last until the end of 2023 provided that both the UKCA and CE/reverse-epsilon rules stay as they are. If either of these sets of rules changes then the product will need to be UKCA/UKNI marked in order to be legally sold in the UK. 

Products manufactured in/imported to the UK after 1st January 2023 will need to be UKCA-/UKNI-marked in the usual way, even if they are also CE-/reverse-epsilon-marked. 

At the start of 2024, the UKCA/UKNI system will completely replace the CE/reverse-epsilon systems in the UK. This means that from 1st January 2024, businesses that only sell goods in the UK will only need to use the UKCA/UKNI system. Businesses that also export to the EU will still need to use the CE/reverse epsilon systems. 

UKCA/UKNI and spare parts 

In general, businesses should still be able to import original spare parts in much the same way as they did before Brexit. Original spare parts will only need to be recertified if changes are made to them after the associated product is placed on the market.  

At present, it’s unclear whether spare parts created by third parties would also be exempt from recertification. Unless the government does provide explicit clarity on this, it’s probably best to assume that they will need to be recertified. 

UKCA/UKNI and AVCP system 3 

Products that come under AVCP system 3 can be automatically designated UKCA-/UKNI-compliant provided that they are tested by a recognised body before 1st January 2023. This mainly benefits the construction sector but also applies to PPE, recreational crafts, and toys. 

UKCA/UKNI compared to CE/reverse epsilon 

Although extra administration is always an unwelcome burden on businesses, UKCA/UKNI marking looks as though it should be fairly straightforward. As it stands, the process for obtaining UKCA/UKNI certification is almost an exact copy of the process for obtaining CE/reverse epsilon certification. 

Testing the product 

As with existing CE testing, you need to check the legal requirements for your product, test it and demonstrate how you have concluded that your product meets these requirements. The only real difference between the UKCA/UKNI testing process and the CE/reverse epsilon testing process is that the UKCA/UKNI testing process references UK regulations. 

This is, however, largely a theoretical difference because, currently, UK regulations are largely identical to EU ones. Admittedly, this may change over time. Realistically, however, any changes are likely to be minor. At the end of the day, both the UK authorities and the EU authorities will probably have much the same considerations regarding product safety. 

Just as with the CE certification process, you need to create a technical file containing all relevant details about the product. This needs to include how the product has been designed and manufactured to ensure compliance with the relevant safety standards. It also needs to contain the address of the manufacturer and details of any storage facilities used. 

Your technical file may be kept on paper or electronically (or both). It must be kept for at least 10 years from the time your product is placed on the market. You must make your technical file available to any enforcement body that requests it. 

If you already have a technical file from the CE/reverse-epsilon certification process, it will probably need very little updating to be used for the UKCA/UKNI certification process. Likewise, a UKCA/UKNI technical file will probably only need small updates to be used for the CE/reverse-epsilon certification process. 

Making a declaration of conformity 

Again, the process for this is essentially identical to the process for making a CE declaration of conformity. The only real difference is that you need to list the relevant UK legislation and UK designated standards as opposed to the relevant EU legislation and the standards given in the Official Journal of the European Union. 

Marking the item 

As before, the process here is essentially the same as for the CE/reverse-epsilon markings. The UKCA/UKNI mark must be permanently fixed to the product itself if possible. If that is not practical, it must be permanently fixed to the packaging. 

The UKCA/UKNI mark must be clearly visible. It must not be obscured by any other marks. The letters must be at least 5mm high unless the product has an explicit legal exemption (e.g., the product is too small for this to be practical). 

It is permissible to adjust the height of the lettering, but the adjustment must be applied to all letters. The end result must be an image that retains the proportions of the standard image shown on the government’s website.

About the Author:
Freya Williams is the Sales and Marketing Assistant at Authorised Representative Services, specialists in Product Safety, CE Marking and UKCA Marking.

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