UKCA Marking - Frequently asked questions
The UK has left the EU, and some rules and procedures have changed from 1 January 2021.
You can find out more on GOV.UK about placing goods on the UK market now the UK has left the EU without a deal.
Do new products have to have CE or UKCA marking?
If the 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, up until 31st December 2022, products which are correctly CE marked may continue to be placed on the GB market without the UKCA conformity mark. Nonetheless you are encouraged to be ready to use UKCA marking as soon as possible, and by 1 January 2023 at the latest. In these cases where the equipment has been imported from the EEA details of the UK importer must be provided with the product to the user.
If the product is intended for the single European market and in scope of a relevant European product Directive or Regulation it must be correctly CE marked, so meeting all the other requirements of the applicable legislation, before it can be placed on the single European market. The UKCA marking will not be recognised on the EU market.
How do I apply the UKCA mark to my product?
Before affixing the UKCA marking to your product (see below), you need to apply the conformity procedure, as specified in the relevant product legislation The basic process is to carry out a risk assessment, considering all the essential requirements relevant to your product and ensuring you have met them. Standards may help in meeting these requirements, with some standards giving a presumption of conformity to the legislation. As manufacturer, you have to declare the product's conformity with all applicable product supply legislation when you place the product on the market.
For much work equipment, you can carry out this procedure yourself, provided you have access to the necessary engineering expertise, although you may wish to use the services of a consultant. However, for some machinery and other products - such as those listed in part 4 of Schedule 2 (Annex IV) of the Supply of Machinery Safety Regulations, and most lifts, much pressure equipment and all gas appliances - the use of a Conformity Assessment Body is required. They will issue you with a certificate of adequacy or conformance. You can then apply UKCA marking and issue the required Declaration of Conformity, quoting the Approved Body's name, address and unique identifier.
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 2022. After this date, products placed on the GB marketplace will need the UKCA marking).
Products in scope of one of the relevant product regulations (as amended) that require the UKCA marking, will be for example:
- pressure equipment
- gas appliances
- personal protective equipment (PPE)
- low-voltage electrical equipment
- equipment for use in potentially explosive atmospheres
Products that do not fall under any of the legislation requiring the UKCA marking - such as manually-powered machinery (except those used for lifting), tools and ladders - must not bear the UKCA marking (in most cases these would not require CE marking either if intended for the single European market), but if for use at work these products will still be subject to Section 6 of the Health and Safety at Work etc Act 1974.
Do I need to affix both UKCA and CE marking?
If you are placing a product on the GB market, only UKCA marking will be required. However, a product bearing the CE marking would still be valid for sale in the UK so long as it was also UKCA marked and complied with the relevant UK rules.
Does an assembly line have to be UKCA marked?
Yes, unless valid CE marking is being affixed instead (up to 31st December 2022). 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 all relevant 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.