CE marking accepted indefinitely in the UK, UKCA remains optional for most products

On 1 August 2023, the UK government announced that recognition of the CE mark for certain products would be extended indefinitely. This meant the previously announced legal deadline, due to expire in December 2024, was removed.

The practical result of the decision is this: either the CE or UKCA mark can be used when placing a product on the Great Britain market. UKCA was not banned; it became optional.

18 regulations falling under the Department for Business and Trade's (DBT) remit fall within this scope; businesses selling electronic, industrial and consumer products can choose either mark. A broad area including machinery, electrical equipment, radio equipment, toys and personal protective equipment is included.

For a manufacturer exporting to the EU, a single file becomes sufficient: the EU conformity file can also be used for the Great Britain market. The previously planned burden of a second marking, a second notified body and a second file is largely removed.

For manufacturers already selling with the CE mark, switching to UKCA is therefore an unnecessary extra step in most cases. The decision is commercial: UKCA can make sense only if positioning specific to the UK market is desired.

The general exemption does not cover every sector. Construction products and medical devices follow their own timetables and stand outside this general arrangement. To decide in these two areas, one must look at the sector's own regime.

There is also a geographical distinction: the CE mark must be used for Northern Ireland, and UKCA alone is not valid there. The distinction between "the United Kingdom" and "Great Britain" must therefore be used carefully in correspondence.

In conclusion, the decision is a simplification but not an automatic exemption: which regulation a product group falls under and which market it will be placed on must still be checked case by case.

The national marking regime established after departure was seen by industry not as a new technical requirement, since the essential requirements largely remained the same as the EU's, but as an added administrative burden: a duplicate cost requiring a second declaration and body with the same tests for the same product.

The mandatory transition date was postponed several times, and acceptance of the EU mark was ultimately made indefinite for many product groups. The practical meaning of this is being able to sell into two markets with a single conformity file.

The decision is one of ACCEPTANCE, not exemption: a product carrying the EU mark can be placed on the market, but the product must genuinely comply with EU legislation. What matters is not the presence of the mark but the validity of the file behind it.

The acceptance decision does not cover all product groups: areas with their own national legislation and certain product groups may remain outside the arrangement. Medical devices, construction products and some special areas are assessed separately in this respect.

The national mark can also continue to be used optionally; some public procurements and specifications may prefer it. This is a matter of commercial preference, not legal obligation.

The position in force is therefore confirmed separately for every product group; the generalisation "it is no longer required" is not made for the whole portfolio.

Even where the mark is accepted, the obligation for a responsible party established in the country remains: the identity and contact details of the importer or authorised representative must appear on the product or documents.

Northern Ireland is subject to a separate arrangement, and marking is set up by region; the assumption that a single mark covers sales to both regions remains incorrect.

The language requirement for product information, instructions for use and warnings, and market-surveillance obligations, also do not change; the acceptance decision concerns only the mark and declaration layer.