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AMPS Current Thinking -UKCA & CE Marking

Further to the AMPS Current Thinking eShots issued on 18th July and 1st August 2023, The following has been issued by the Department of Trade and Industry.

Announcement on continuing CE Recognition

The Department for Business and Trade (DBT) have announced a further pragmatic approach to improving product regulation in GB, to reduce barriers to trade and support businesses to invest and grow. Please note that this does not apply in Northern Ireland.

Last summer (2023), DBT announced the intention to indefinitely recognise current EU requirements, including the CE marking, for the 18 product regulations under the department’s remit.

Following feedback from industry, the government is now expanding the scope of continued CE recognition to include three more regulations. To provide legal certainty to industry, government intends to legislate for this indefinite CE recognition this Spring (2024). Later in the year, government also intends to introduce greater labelling flexibility, including the voluntary option for manufacturers to use digital labelling.

Along with the 18 DBT regulations, the three further regulations now included are:

For the Restriction of Hazardous Substances in Electrical Equipment regulation, they are taking a two-part approach. Where products meet the maximum concentration values set out in Annex II to the EU RoHS Directive (2011/65/EU), we will continue to recognise current EU regulations and CE marking. Where a product relies on an exemption, they will also continue to recognise current EU regulations and CE marking provided there is an equivalent exemption under the GB RoHS regulations.

The indefinite recognition of current EU requirements for the regulations included in this announcement means businesses have the flexibility to use either the UKCA or CE marking to sell products in GB. It will cut costs while benefitting consumers and ensuring the regulatory system is agile, supporting growth and innovation.

Not all regulations are included in this announcement. The UK government intends taking a tailored approach to product regulation to ensure that the interests of UK businesses, consumers and the economy are taken into account. This announcement does not apply to regulations for medical devices, construction products, marine equipment, rail products, cableways, transportable pressure equipment and unmanned aircraft systems regulations. There are specific arrangements in place for these regulations, which have or will be set out by the relevant departments in due course. 

Following extensive engagement across the UK and internationally, a new ‘Fast Track UKCA’ process will be introduced, allowing manufacturers to use the UKCA marking to demonstrate compliance with either UKCA product requirements or EU product requirements where they are recognised, to place products on the market in GB. Where products are covered by multiple regulations, a mixture of both UKCA and CE conformity assessment procedures can be used. This is designed to provide longer-term certainty and flexibility for businesses should the UK mandate UKCA for certain regulations in the future. 

Separately, following feedback from businesses, the Government also intends to legislate for further measures in Spring 2024. This will provide permanent labelling flexibility, allowing:

  1. The UKCA marking to be placed on a sticky label or accompanying document.
  2. Importers of goods from any country outside the UK to provide their details either on the product itself, on an accompanying document, the packaging or on an adhesive label. This means all businesses placing products on the GB market will benefit from this measure and have the option to provide their details either indelibly on the product itself, on an accompanying document, the packaging or on an adhesive label.
  3. The voluntary option to use digital labelling. Businesses will be able to apply the UKCA marking, manufacturer details and importer details digitally.

Stakeholder engagement

DBT are keen to continue to hear the perspectives of industry to enable them to implement the policy to best benefit British businesses and consumers. They will be arranging a webinar shortly to explain these developments in greater detail.AMPS will circulate details. DBT will also continue to welcome any feedback, comments, and any challenges that businesses are facing, so they can support them during this period. Please contact the following mailboxes for further info on:

The following webpages will be updated in due course:

Regulations in scope of this announcement

The Department for Business and Trade (DBT) regulations in scope of this announcement are:

For the Department for Environment, Food and Rural Affairs (DEFRA):

For the Department for Energy Security and Net Zero (DESNZ):

For the Department for Work and Pensions (DWP) [The Health and Safety Executive (HSE)]:

Regulations not in scope of this announcement:

The UK government is taking a tailored approach to product regulation to ensure the interests of UK businesses, consumers and the economy are taken into account. There are certain sectors which require a bespoke approach to conformity assessment, and therefore extending recognition of the CE marking for products under the following regulations is not being included in this legislation. This includes: 

For The Department for Levelling up, Housing and Communities (DLUHC):

For The Department for Health and Social Care (DHSC) [- Medicines and Healthcare Products Regulatory Agency (MHRA)]

For the Department for Transport (DFT)