Brexit, UKCA and CE marking

As a result of the no-deal Brexit, national laws and regulations are in place in Great Britain.

The main UK regulations applicable to machinery are:

  • General Product Safety Act: General Product Safety Regulations 2005 (GPSR)
  • ATEX: Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations 2016
  • Electrical Equipment: Electrical Equipment (Safety) Regulations 2016
  • Electromagnetic Compatibility: Electromagnetic Compatibility Regulations 2016
  • Machinery: Supply of Machinery (Safety) Regulations 2008
  • Pressure Equipment: Pressure Equipment (Safety) Regulations 2016 and Simple Pressure Vessels (Safety) Regulations 2016

What is the UKCA mark?

The UKCA mark is the equivalent of the CE marking in Great Britain (England, Scotland and Wales).

Since when is the UKCA mandatory?

From 1 January 2021, a new type of marking called UKCA (UK Conformity Assessed) came into force, which is the equivalent of our CE marking, in English.

There is a transitional period until 31 December 2022 in which the CE mark will be recognized in Great Britain without having to do anything else (this applies to machines and most products.

During this period manufacturers can continue to supply CE marked machines without any difference they can choose whether to start using the UKCA brand right away as well.

CE marking and Brexit from 1 January 2023

From 1 January 2023, after the transition period, the UKCA trademark will become mandatory.

If, during the transition period, regulations are changed, creating divergences between the requirements for the CE marking and those for the UKCA marking for a given product, it will not be possible to import that product into Great Britain if only CE marked.

Will the UKCA brand be recognized by Europe?

The UKCA mark will not be recognized by the EU, which means that a machine bearing only the UKCA mark will not be considered CE marked and therefore ready to be placed on the EU market.

The equivalent regulation of the Machinery Directive

With a focus on machinery safety, the UK analogue of the Machinery Directive is the Supply of Machinery (Safety) Regulations 2008 .

This regulation is in all respects the national transposition of the machinery directive.

In 2019, amendments were made to the various national transpositions to prepare for Brexit, contained in the The Product Safety and Metrology etc. Amendment etc. (EU Exit Regulations 2019).

UK machinery directive and regulation: main differences

Regarding the machinery regulation below you will find the main differences that currently exist between the machinery directive and the UK regulation:

  • various changes in the definitions, the new definitions for the English market have in fact been included
  • various formal changes (all references to the European Union have been removed from the document)
  • main changes to safety requirements:
    • 1.5.1 (electricity) the low voltage directive has been replaced with the Electrical Equipment (Safety) Regulations 2016
    • 1.7.1 (information) All information on the machine must be in English
    • 1.7.3 (marking) the CE mark has been replaced with the UK mark
    • 1.7.4 (manual) the manual must be in English
    • the UKCA mark was added and the UK Declaration of Conformity was defined
    • all references to European directives have been transformed into references to applicable UK regulations.

Main news for those who sell machinery in the UK

We summarize below the main practical aspects to be faced for machinery builders:

  • Currently the UK machinery regulation is basically the machinery directive, except for minor formalities and changes. Machinery manufacturers therefore do not have to foresee significant changes. Security requirements have not undergone substantial changes so far.
  • The affixing of the UKCA mark will take place in the same way as the CE marking.
  • After Brexit, the responsibilities and role of the manufacturer have not changed.
  • The documentation required for machines and partly completed machinery is the same as required by the directive, with some precautions
    • technical file: same document but in English (and references to English regulations)
    • instruction manual: same document but in English (and references to English regulations)
    • UK Declaration of Conformity ”: document similar to the EC declaration, with some formal changes

Manufacturers will therefore be able to use the same technical file and manual prepared for the CE marking. Instead, a new UKCA statement will have to be drawn up and references to regulations and standards changed, replacing them with those in force in Great Britain.

Obligations of the importer

Regarding the person authorized to compile the technical file , he does not need to be resident in the UK. However, it is necessary to identify the figure of the importer, required by the "new" Directives, such as 2014/30 / EU (electromagnetic compatibility), but not by the Machinery Directive 2006/42 / EC.

Since Directive 2014/30 / EU (and the respective British transposition) are applicable to most machines, it is necessary to provide for the figure of the importer, who, for Great Britain, will have to:

  • Be a person (natural or legal) resident in the UK
  • Being the first "person" to make the good available on the market
  • Place a plate with your name and address on the item
  • Keep a copy of the UK Declaration of Conformity for 10 years

Technical standards

Great Britain has published a list of designated standards which will have the same function as harmonized standards and which will guarantee presumption of conformity with the English regulation.

For the most part, the designated standards are the same standards currently harmonized with European directives.

What happens to Notified Bodies?

UK Notified Bodies have become UK Approved Bodies .

Is the CE marking valid for Northern Ireland?

It is important to note that the UKCA mark is only valid in England, Scotland and Wales. For the import of products into Northern Ireland , CE marking remains required.

The CE marking must be accompanied by the UK (NI) mark if the product requires certification from a Notified Body and if that body is a UK Notified Body.

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