The 'no deal' UKCA product safety mark

On 2 February 2019, the UK government published guidance on the new UK product safety mark that will be used, subject to parliamentary approval, for certain goods being placed on the UK market if we leave the EU without a deal.

There will be a new UKCA mark to replace, in certain circumstances, the longstanding CE mark which has been used to show that a variety of consumer goods meet EU product safety requirements and have been tested in accordance with accepted standards.

UKCA stands for UK Conformity Assessed.

If we have a 'no-deal' Brexit, manufacturers will still, in most cases, be able to use the CE marking to show compliance with product regulatory safety requirements and sell products on the UK market after 29 March 2019. However, in some cases manufacturers will need to apply the new UKCA marking to products being sold in the UK.

The guidance includes the following:

• 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 a product has been assessed for conformity by a UK conformity assessment body, manufacturers will have to apply the new UKCA marking after 29 March 2019 (where required by legislation).
• This will not be the case if the certificate of conformity (and technical file) has been transferred to an EU-recognised body (in which case the CE marking would apply).
• The rules around using the new UKCA marking will mirror those which currently apply for the application of the CE marking.
• Where manufacturers use the CE marking based on self-declaration this can still be used when exporting goods to the EU.

We are told that delivering the deal negotiated with the EU remains the government’s top priority. That said, as we get nearer to 29 March 2019, preparations for a no deal scenario are no doubt being accelerated and businesses should continue to monitor this progress. A 'no deal' Brexit will likely mean changes to the requirements for placing certain products on the UK and EU markets, including the arrangements for conformity assessment, marking and labelling.

See the guidance here and please contact us for further information.