The requirements for placing work equipment and machinery on the UK and EU markets, including the processes for conformity assessment, marking, and labeling, have changed since the UK's departure from the EU.
The government's priority is to ensure that only safe and compliant products are placed on the market. The changes made to the UK's legal product safety framework will allow it to remain operable.
GOV.UK has guidance for:
- Placing manufactured products on the market in Great Britain - GOV.UK
- Placing manufactured goods on the market in Northern Ireland - GOV.UK
- Placing manufactured goods on the EU market - GOV.UK
For more information visit the Office for Product Safety and Standards page on product safety for businesses: A to Z of industry guidance - GOV.UK
Common questions on UKCA and CE marking
What is the CE marking?
The letters ‘CE’ appear on many products that are traded on the single market in the European Economic Area (EEA) .
The CE marking is required for many products. It:
- shows that the manufacturer has checked that these products meet EU safety, health or environmental requirements
- is an indicator of a product’s compliance with EU legislation
- allows the free movement of products within the European market
Do new products have to have CE or UKCA marking?
If a product is intended for the GB market and in scope of relevant UK product safety legislation it must have the UKCA conformity marking applied and meet all the other requirements of the applicable legislation before it can be placed on the GB market.
However, to allow businesses time to adjust, the government have introduced legislation that continues to allow recognition of the CE marking for goods being placed on the market, or put into service in Great Britain, until 11pm on 31 December 2024.
Placing manufactured products on the market in Great Britain - GOV.UK (www.gov.uk)
How do I apply the UKCA mark to my product?
In most cases, you must apply the UKCA marking to the product itself or to the packaging.
The UKCA marking must be clearly visible, legible and indelible when you affix it to the product. It may sometimes be placed on the manuals or on other supporting literature, but this will depend on the specific regulations that apply to the product.
UKCA markings must only be placed on a product by you as the manufacturer, your authorised representative (where permitted in the relevant legislation), or if you are marketing the products under your name or trademark. When affixing the UKCA marking, you take full responsibility for conformity with the requirements of the relevant UK legislation.
You must not place any marking, sign or inscription which is likely to mislead any other person as to the meaning or form of the UKCA marking or affix any marking which would impair the visibility, legibility and meaning of the UKCA marking.
The UKCA marking cannot be placed on products unless there is a specific requirement to do so in the legislation.
A product may have additional markings and marks, like the CE marking, if they:
- fulfil a different function from that of the UKCA marking
- are not likely to cause confusion with the UKCA marking
- do not reduce the legibility and visibility of the UKCA marking
Both the CE and UKCA markings can be placed on a product so long as neither prevents the other being clearly seen and the requirements of both GB and EU legislation are met.
Is the CE Marking illegal now UKCA marking is required?
No. Valid CE marking (and the associated EC Declarations of Conformity, Incorporation and Performance) will continue to satisfy the provisions of UK product legislation until 31 December 2022.
Products currently requiring CE marking will still need a CE marking for sale in the EU from 1 January 2021.
Do all new products have to be UKCA Marked?
No, where they already have valid CE marking this will satisfy the provisions of UK product legislation until the 31 December 2024. After this date, products placed on the GB marketplace will need the UKCA marking).
Further guidance is available on Placing manufactured products on the market in Great Britain - GOV.UK (www.gov.uk)
Does an assembly line have to be UKCA marked?
Yes, however to allow businesses time to adjust, the government have introduced legislation that continues to allow recognition of the CE marking for goods being placed on the market, or put into service in Great Britain, until 11pm on 31 December 2024.
When you combine a series of complete machines and/or partly completed machines so they operate as a single assembly line (ie under a single control system and functionally linked), you have to:
- apply the UKCA marking
- issue a Declaration of Conformity for the assembly line
- produce/keep a technical file
- and you may need to revise the instructions
This must be done for the complete assembly line as a whole, even if each individual machine has its own CE or UKCA marking (existing machines may bear original CE marking, or if pre 1995 no marking, and new machines for incorporation into the assembly may have either UKCA or CE marking). The technical file only needs to contain the design details and drawings of any control systems and other parts you've had to supply or modify, and the Declarations of Conformity/Incorporation for each of the items in the line.
I have modified my machinery. Do I need a UKCA conformity mark on it?
In most cases no, even if previously it only had CE marking or it was UKCA marked. However, you need to ensure it is safe and continues to meet the requirements of the Provision and Use of Work Equipment Regulations (PUWER overview). Depending on the modifications, you may wish to get advice from the original manufacturer and will need sufficient engineering expertise for the type of modifications involved - you may need to bring this in if not available in-house.
However, the machinery will need full conformity assessment and a new UKCA mark () where the modification:
- is so extensive that the item is basically a new machine
- affects the function of safety devices or systems, or
- introduces significant hazards that could not have been assessed in the original design, such as converting a manual machine to full computer control
What is a Declaration of Conformity?
A Declaration of Conformity (DoC) is a formal written statement by the manufacturer or their authorised representative, stating that the product meets allrelevant product supply legislation applicable to the product (occasionally there may be several DoCs, one for each regulation, although normally they should be combined into one document).
Can I use my trading name on the DoC?
The Declaration of Conformity and the nameplate on the product must contain the name and details of the legal entity taking full responsibility for the product. If your trading name is registered to your company then it can be used. This can also be done if the product is made by another company. However, if your company name is on the DoC then you have to take on all the manufacturers duties under the relevant product legislation. These duties include supplying technical information on request to any market surveillance authority, and being fully responsible for the product's design and user information.
What is a Declaration of Incorporation?
A Declaration of incorporation (DoI) is a formal written statement, very similar to a Declaration of Conformity but only currently exists under the Supply of Machinery (Safety) Regulations. However, the DoI states that 'the partly completed machinery must not be put into service until the final machinery into which it is to be incorporated has been declared in conformity with the provisions of this Regulation.
The Declaration of Incorporation may only be issued for partly completed machinery, which cannot operate independently. It enables identification of the original manufacturer of the part and shows the customer that it complies, as far as it is able, with Supply of Machinery (Safety) Regulations.
Instructions for the safe and correct assembly of partly completed machinery must be provided along with the DoI but the product must not be UKCA marked. When the customer has incorporated the partly completed machinery into a complete machine and UKCA marked the final assembly, they should place the DoI in their technical file.
Do replacement guards and safety components have to be UKCA marked?
If such items are supplied independently to customers, including other manufactures who use the items in their own products, they are considered as 'safety components'. Under the Supply of Machinery (Safety) Regulations, these must be UKCA marked and meet the conformity assessment requirements (as if they were machinery). The exceptions are where such components form part of a complete machine (in which case the machine's pre-existing UKCA marking, or CE marking if was so marked originally, covers these items too); or if they are supplied as spare parts by the original machine manufacturer.
Can I demand information from the manufacturer's technical file?
No. This file contains confidential information that the manufacturer does not have to release to their customers. However, manufacturers must supply full instructions or the safe use of the product, as well as certain other information, such as the noise and vibration levels of the machinery, and how to combine the item with other products (if this is envisaged, for example with partly completed machinery).
Market surveillance authorities have the right to demand information from the technical file but they have a legal duty to keep the relevant information confidential.
If I make a product for my own use, do I need to UKCA mark it?
It depends on the product but you must affix UKCA marking to any work equipment that comes within the scope of the Supply of Machinery (Safety) Regulations 2008 and make sure it meets all of its essential health and safety requirements - even if it is only for your own use and you have no intention of supplying it to other parties.