CE marking compliance after Brexit

For both designers and manufacturers, compliance is key when importing and exporting product in the UK. Unfortunately, as time goes on and the UK has still not left the EU, there is a lot of uncertainty and confusion over what is going to change.  

One of the key areas of compliance is CE marking. There is a lot of speculation about what might happen but the main consensus is that the CE process as it stands will be pretty similar for the first few months after the UK leaves, however there will be changes further down the line which will have to be agreed amongst the UK and EU countries.  

CE marking is required for certain products and it represents the manufacturers due diligence that the product meets the EU safety, health and environment requirements. It also shows compliance with EU legislation and allows for free movement within the EU.  

There is still no resolution on compliance but here is the current advice taken from https://www.gov.uk/. 

CE marking for the UK market 

You will still be able to use the CE marking for products being placed on the UK market if any of the following apply: 

• Products are currently CE marked on the basis of self-certification 

• Any mandatory third-party conformity assessment was carried out by an EU-recognised notified body 

• The certificate of conformity previously held by a UK body has been transferred to an EU-recognised notified body 

The CE marking will only be accepted in the UK for a time limited period. The government will consult and give businesses notice before this period ends. 

In some cases you may need to apply the new UKCA marking to goods being sold in the UK immediately after Brexit to replace a CE mark.  

Check https://www.gov.uk/guidance/placing-manufactured-goods-on-the-uk-market-if-theres-no-brexit-deal#new-approach-goods for further information. 

CE marking for both the UK and EU market 

The UKCA marking will not be recognised on the EU market, and products currently requiring a CE marking will continue to require a CE marking for sale in the EU. 

If you are exporting product to both the UK and EU markets, first check whether your UK notified body is taking steps of its own so that you can continue to export to the EU without needing CE conformity assessment certificates from an EU notified body. 

If not, you will need to transfer your conformity assessment certificates to an EU Notified Body or alternatively apply for a new certificate from an EU notified body. 

The above only relates to situations where third-party assessment is mandatory. You may not be affected if you: 

• self-declare the conformity of your good against the regulations 

• voluntarily use a testing or notified body to test against European or international standards 

The site does advise all companies to consult with their current testing company or a solicitor for further advice.  

It is important to note that there is still no resolution about the specific consequences to compliance and the information in this article is accurate at the time of publication. To get the most up to date information visit: https://www.gov.uk/