Last edited 17 Sep 2021

Deadline for CE marked products extended to 1 January 2023

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[edit] Introduction

On 25 August 2021, the Government announced that UK Conformity Assessed (UKCA) marking will not be mandatory for products until 1 January 2023, delaying the previous deadline by one year. The Government plans to introduce a statutory instrument under section 8 of the European Union Withdrawal Act to extend the deadline.

[edit] Background

UKCA marking replaces EU labelling such as the CE mark. It allows the UK to have control over its goods regulations and maintain product safety standards for most goods which previously required the CE marking (including ‘new approach’ goods and aerosol products that previously required ‘reverse epsilon’ marking). Northern Ireland will continue to recognise the CE marking for goods placed on the market in Northern Ireland.They will need to use the UKNI marking if they use a UKCA body to test their products.

Following the announcement however, businesses will have more time to apply the new markings for most products placed on the market in England, Scotland and Wales.

The decision follows lobbying from engineering services alliance Actuate UK and others to recognise that for many products needing third party conformity assessment, including construction products, there would not be sufficient availability or capacity for UK Approved Body testing by the end of 2021. Even under the revised deadline, uncertainty remains about the exact mechanism for compliance.

[edit] Responses

ECA Director of Legal and Business Rob Driscoll commented, “With the ongoing materials shortage and severely limited product testing facilities, the materials market was clearly going to struggle to verify common products as UKCA-compliant within the Government’s previous deadline. All things considered, it is unlikely that material supplies will improve dramatically in the next 12 months. However, this deadline extension will offer some sorely needed respite for manufacturers as well as contractors. The looming cliff-edge of the soaring materials shortage will be eased by this move, but not removed as many of the other global causes are beyond the UK Government’s control.”

Construction Leadership Council co-chair Andy Mitchell said, “Even with this extension, it will still be very challenging to ensure that the whole sector is ready for the new date, given the need to drive major increases in testing capacity. It is vital that industry continues to work with the Government to address these issues, ensuring that we don’t just postpone the crisis by 12 months, but instead establish a robust testing and marking regime to ensure the continued safety and performance of the products that we use.”

Kevin Crawford MCIAT, President Elect of CIAT said, "A new conformity assessment process will take time and investment from everyone, and we in the UK are starting to see the effects of certain supply chains no longer wishing to supply the UK market with their products as it is deemed no longer viable due to the increased costs of testing and certification."

Ref https://www.gov.uk/government/news/businesses-given-more-time-to-apply-new-product-safety-marking

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