Manufactured goods - product marking after 1 January 2021

A conformity mark (or certification mark) on a manufactured product indicates the manufacturer has verified compliance with accepted product standards or regulations. 

Businesses need to use a conformity mark when placing certain goods in the UK market. 

Prior to 1 January 2021, this is the CE mark or other appropriate mark (such as the wheel marking or Pi mark). From 1 January 2021 (Brexit), the United Kingdom Conformity Assessed or UKCA mark is being phased in to replace the CE mark in the UK. Although the CE mark will remain valid during a changeover period.

Using the UKCA mark   

From 1 January 2021, the UKCA mark will be the conformity assessment marking for Great Britain (England, Scotland and Wales) for most goods currently subject to CE marking. 

Manufacturers are being asked to use the UKCA marking as soon as possible from 1 January 2021. They must be ready to do so from 1 January 2022 at the latest. 

Northern Ireland will remain aligned to the EU single market in terms of trading goods. A Northern Ireland business will be able to continue to place qualifying Northern Ireland goods in the GB market. This will need an EU conformity assessment marking, such as the CE marking, from 1 January 2021. 

Goods that are to be placed by a GB company in the UK market (so including Northern Ireland) will need both a UKCA and CE marking.

Both the CE and UKCA mark can be placed on a product so long as neither impedes the visibility of the other and requirements of both the GB and EU legislation are met.

Note, different rules apply to chemicals, medicines, vehicles or aerospace goods placed on the UK market. There are also special rules for medical devices, rail interoperability constituents, construction products, civil explosives, products requiring eco-design and energy labelling and cosmetics. 

So, check the guidance as you place these types of products on the market.

Businesses will need to use the new UKCA marking immediately after 1 January 2021 if all of the following apply. Your product:

• is for the Great Britain market
• is covered by legislation which requires the UKCA marking
• requires mandatory third-party conformity assessment
• conformity assessment has been carried out by a UK conformity assessment body. You haven’t transferred your conformity assessment files from your UK body to an EU recognised body before 1 January 2021

However, this will not apply to existing stock. Goods fully manufactured and ready to place on the market before 1 January 2021 will not need UKCA marking even if the certification was carried out by a UK-based body. These can only be placed on the GB market until 31 December 2021.

From 1 January 2021, the essential requirements and standards that can be used to demonstrate conformity for UKCA marked goods will be the same as they are now. Meaning, if your goods are currently made to the technical requirements necessary for CE marking, they will be made to the same technical requirements that will exist for UKCA marking from 1 January 2021. However, the conformity assessment bodies that test them may need to be different. 

CE marking for both GB and EU market

The UKCA mark will not be recognised by the EU. The CE mark is an indicator of a product’s compliance with EU legislation and meeting EU safety, health or environmental requirements. Businesses will not need to change their conformity assessment for exports to the EU if: 

• they self-declare the conformity of their goods against the regulations
• any mandatory third-party conformity assessment was carried out by an EU-recognised notified body (whether based in the EU or in a country with which the EU has a mutual recognition agreement)
• the certificate of conformity previously held by a UK body has been transferred to an EU-recognised notified body
• they voluntarily use a testing body (including UK bodies) to test against European or international standards 

Manufacturers are recommended to check whether their UK notified body is taking steps of its own. This, to enable businesses to continue to export to the EU without needing to find a new EU notified body itself. 

If not, businesses will need to either get their products reassessed by an EU notified body or arrange for information held by its existing notified body to be transferred to an EU notified body. This is so they can issue a new certificate of conformity for the EU.

Eventually, businesses will need separate certificates for the UK and EU.

• Appoint an authorised or responsible person
• Authorised representatives and responsible persons based in Great Britain will no longer be recognised by the EU from 1 January 2021
• If you are required to, you will need to appoint an authorised representative or responsible person based in the EU, EEA or Northern Ireland
• From 16 July 2021, you will need to appoint an authorised representative based in the EU or EEA if you sell goods without using an importer or fulfilment service provider. For example, if you sell online and ship directly to the end-user.
• Check whether your legal responsibilities are changing
• Manufacturers obligations will remain largely unchanged from 1 January 2021.

EU-based distributors will become an “importer” from 1 January 2021 and will need to make sure:

• goods are labelled with their address and either your details or their EU, EEA or Northern Ireland-based authorised representative’s details (including their company’s name and a contact address or registered trademark)
• the correct conformity assessment procedures have been carried out and that goods have the correct conformity markings
• the manufacturer has drawn up the correct technical documentation and complied with the labelling requirements
• they maintain a copy of the declaration of conformity for a period of 10 years
• goods conform with the relevant essential requirements

These notes are a precis of the information on the government’s website, with some text copied from the guidance. For the full guidance visit the government site:

Placing goods on the market in Great Britain from 1 January 2021

Placing manufactured goods on the EU market from 1 January 2021