What is UKCA marking?
The UKCA (UK Conformity Assessed) marking is a new UK product marking that is used for goods being placed on the market in Great Britain (England, Wales and Scotland) and indicates conformity with applicable product requirements. It covers most goods which previously required the CE marking, known as ‘new approach’ goods.
As a consequence of Brexit, the Government implemented requirements for UKCA marking into UK law with effect from 1 January 2021.
UKCA marking adoption timeline
When placing goods on the GB market:
- From 1 January 2021, businesses could voluntarily choose to use the UKCA marking (in most cases)
- Until 31 December 2022, businesses can continue to place the CE mark on their goods (though conditions apply)
- From 1 January 2023, UKCA marking will be required for most new approach goods
- From 1 January 2024, UKCA marking must be applied directly to the product (unless the legislation allows differently)
New change: From 1 January 2023 until 31 December 2023, the Government has decided to give businesses a transitional option and allow the UKCA marking to be applied to the goods in ‘soft form’ i.e. a sticky label affixed to the product or on an accompanying document (this dispensation applies for most goods, though exceptions will be published by the government in due course). This means businesses will not have to physically etch/directly apply a UKCA mark to a product placed on the GB market until 1 January 2024.
UK importer details: From 1 January 2023, goods must be labelled with the UK importer’s details, including their company’s name and a contact address. Until 31 December 2022, these details can be placed on an accompanying document rather than on the goods themselves, if certain goods are imported from the EEA (and in some cases Switzerland). From 1 January 2023, UK importer details must be affixed to the product itself or, in circumstances where the legislation allows, on the packaging or an accompanying document.
What does this mean for businesses?
+ Opportunity for cost savings – In addition, to businesses having the option to keep using CE-marked goods until 31 December 2022, they will be able to utilise the soft form/sticker approach till the end of 2023.
- More onerous labelling requirement for UK importers – There is no choice in 2023 for businesses to use the same ‘soft form’ sticker approach for importer details. From 1 January 2023, the company’s name and a contact address must be provided and physically etched on/directly applied to the product.
The Government is encouraging businesses to start using the UKCA marking as soon as possible. Businesses will need to take into account and plan for these legal changes and ensure that their products comply with the UKCA marking requirements in a timely fashion.
What next?
We are monitoring relevant updates in this area and understand that BEIS is planning to issue updates to guidance in specific areas in the autumn of 2021.
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Authored by Valerie Kenyon, Magdalena Bakowska, Eshana Subherwal, Lorena Baltazar, and Len Pope.
