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Government guidance on using the UKCA & UKNI mark has recently been updated, specifically guidance on the UKCA & UKNI logo when placing either product marking on your product, packaging or support literature. As a result, the UKCA & UKNI marks must be a minimum of 5mm in height for the whole product marking, not just the individual letters (unless applicable legislation states otherwise).
Please find the updated government guidance text on this here:
The UK Office for Product Safety & Standards (part of BEIS) has updated the guides on specific product safety and metrology regulations for businesses placing goods on the market in Great Britain from 1st January 2021.
The original links will now take you to an industry guidance page rather than the individual guides. For links to the applicable product safety guides please see below:
General product safety law
General Product Safety Regulations 2005
Electrical and electronic
Electrical Equipment (Safety) Regulations 2016
Electromagnetic Compatibility Regulations 2016
Radio Equipment Regulations 2017
Gas appliances
Regulation 2016/426 and the Gas Appliances (Enforcement) and Miscellaneous Amendments Regulations 2018
Lifts
Lifts Regulations 2016
Machinery
Supply of Machinery (Safety) Regulations 2008
Personal protective equipment
Personal Protective Equipment (Enforcement) Regulations 2018
Pressure equipment
Pressure Equipment (Safety) Regulations 2016
Recreational craft
Recreational Craft Regulations 2017
Toys
Toys (Safety) Regulations 2011
There are currently no guidance documents available for weights and measures regulations.
The designated standards for the Radio Equipment Regulations 2017 (S.I. 2017/1206) have now been released.
The designated standards for the Radio Equipment Regulations 2017 (S.I. 2017/1206) have now been released.
Radio equipment that have restrictions on use in the EU need to comply with the Radio Equipment Directive 2014/53/EU Article 10(10) requirements and include a pictogram on the packaging artwork and an explanation in the user manual. There was a potential conflict when the EU were stating that “UK” should be removed and UK(NI) added, but the UK-EU exit amending regulations implementing this for UK regulations stated that “UK” was required with the pictogram.
These contradictory requirements have now been resolved with updated UK guidance which states -
"Therefore, use of either “UK” or “UK(NI)” is acceptable for the GB market and products where Regulation 14 requirements are met with “UK” will continue to be accepted in GB, as will products with both “UK” and “UK(NI)”.
TÜV SÜD is pleased to announce that its accreditation body, TÜV SÜD BABT, has now been accredited by UKAS and appointed as a UK Market Conformity Assessment Body (UK Approved Body) by the UK Department for Businesses, Energy & Industrial Strategy. This means from the 1st January 2021 in-line with current legislation, TUV SUD BABT will commence it’s certification offering of the UKCA mark and the UK Marine mark for the Great Britain market as well as the CE + UKNI mark for the Northern Ireland market as required.
TÜV SÜD BABT’s UKAS accreditation scope includes the following:
- UK Marine Equipment Regulations 2016
- Electromagnetic Compatibility Regulations 2016
- Supply of Machinery (Safety) Regulations 2008
- Radio Equipment Regulations 2017.
TÜV SÜD BABT’s UKAS scope of accreditation will shortly be extended and will commence its certification offering of:
- The Equipment and Protective Systems intended for Use in Potentially Explosive Atmospheres Regulations (ATEX) 2016
- Personal Protective Equipment Regulations 2018
UK Market Conformity Assessment Bodies (TÜV SÜD BABT) – https://www.gov.uk/uk-market-conformity-assessment-bodies/tuv-sud-babt
TÜV SÜD BABT’s Certification Body Manager, Nathan Emery said, “TÜV SÜD are happy to announce receiving the scope of accreditation from UKAS to enable the issuance of UK Approved Body Certification for products being placed onto the market in the United Kingdom and EU Notified Body Certification for products being placed onto the market in Northern Ireland. This matched with the continuation of being an EU Notified Body for issuing certification for products being placed onto the market in the European union gives a full range of support for current and potential clients with their European regulatory needs”.
If you have any questions about TÜV SÜD BABT’s appointment as a UK Approved Body and UN Notified Body please contact our certification Mailbox where our expert team is ready to assist your enquiries – ukca.uk@tuvsud.com.
At the time of writing, with discussions still on-going, time is running out to reach a Trade Agreement before the end of the Brexit Transition Period on 31 December 2020. The delay in concluding a trade deal has created more uncertainty, not only with businesses in the United Kingdom and European Union, but also those businesses around the world who wish to place products on the UK market from 1 January 2021.
However, with the introduction of the new UKCA mark, no matter whether or not a deal is reached between the United Kingdom and European Union, the product safety rules coming into force beginning January 1, 2021 have already been put in place. The UKCA Mark will be replacing the CE mark in Great Britain, with new UKNI mark for the Northern Ireland market.
If you have not yet begun preparing for the introduction of the new UKCA mark (as well as the new UKNI mark), now is the time to see what changes you need to make beginning January 1, 2021 and beyond.
METROLOGY SERIES EU EXIT UK STATUTORY INSTRUMENT AMENDMENTS
UK Statutory Instrument 2020 No. 1460 “The Product Safety and Metrology etc. (Amendment etc.) (UK(NI) Indication) (EU Exit) Regulations 2020” has now been “Made”. This is a significant update completing the metrology series EU Exit UK Statutory Instrument amendments. As well as detailing the UKNI marking requirements this amendment also has further amendments to the “mega SI” 2019 No. 696 including legal implementation of the most recent guidance from the UK government about for example acceptance of CE marking in the UK for 12 months after IP completion day. This SI also clarifies that that from IP completion day authorized representatives must be based in the United Kingdom, with respect to any products placed on the market of Great Britain.
The UK government has now released a further update to the designated standards lists for ATEX, cosmetic products, EMC, explosives for civil uses, gas appliances, lifts, low voltage equipment, machinery, measuring instruments, NAWI, PPE, pressure equipment, pyrotechnic articles, recreational craft, RoHS, simple pressure vessels and toy safety. The designated standards list for Radio Equipment has not currently been released to date.
With 25 days to go the UK government has released guidance for the UK designated standards list. It has been confirmed that the UK designated standard list will be published by GOV.UK and will follow the EU official journal harmonized standards providing presumption of conformity with GB law.
Designated standards will be prefixed “BS”, “EN”, “EN ISO” or “EN IEC” as they are in the EU official journal from all the current standards bodies (i.e. BSI, CENELEC, ETSI, ISO etc)
Following our recent blog post for GB guidance documents, guides on specific product safety and metrology regulations for businesses placing goods on the market in Northern Ireland from 1 January 2021 are now available for most categories. This includes newly released guidance for placing radio equipment goods on the Northern Ireland market.
General product safety law (NI)
General Product Safety Regulations 2005
Cosmetics (NI)
Regulation 2009/1223 and the Cosmetic Products Enforcement Regulations 2013
Electrical and electronic (NI)
Electrical Equipment (Safety) Regulations 2016
Electromagnetic Compatibility Regulations 2016
Radio Equipment Regulations 2017
Fireworks (NI)
Pyrotechnic Articles (Safety) Regulations 2015
Gas appliances (NI)
Regulation 2016/426 and the Gas Appliances (Enforcement) and Miscellaneous Amendments Regulations 2018
Lifts (NI)
Lifts Regulations 2016
Machinery (NI)
Supply of Machinery (Safety) Regulations 2008
Metrology (weights and measures) (NI)
Measuring Instruments Regulations 2016
Non-Automatic Weighing Instruments Regulations 2016
Outdoor equipment (NI)
Noise Emission in the Environment by Equipment for use Outdoors Regulations 2001
Personal protective equipment (NI)
Regulation 2016/425 and the Personal Protective Equipment (Enforcement) Regulations 2018
Pressure equipment (NI)
Pressure Equipment (Safety) Regulations 2016
Simple Pressure Vessels (Safety) Regulations 2016
Recreational craft (NI)
Recreational Craft Regulations 2017
Toys (NI)
Toys (Safety) Regulations 2011
The UK Office for Product Safety & Standards (part of BEIS) has released guides on specific product safety and metrology regulations for businesses placing goods on the market in Great Britain from 1st January 2021.
These guides apply from 1st January 2021 and contain very useful guidance on the obligations of manufacturers, authorized representatives, importers and distributors, providing further guidance for transitional arrangements and UKCA marking.
General product safety law
General Product Safety Regulations 2005
Electrical and electronic
Electrical Equipment (Safety) Regulations 2016
Electromagnetic Compatibility Regulations 2016
Radio Equipment Regulations 2017
Gas appliances
Regulation 2016/426 and the Gas Appliances (Enforcement) and Miscellaneous Amendments Regulations 2018
Lifts
Lifts Regulations 2016
Pressure equipment
Pressure Equipment (Safety) Regulations 2016
Recreational craft
Recreational Craft Regulations 2017
Toys
Toys (Safety) Regulations 2011
There are currently no guidance documents available for PPE, machinery or weights and measures regulations.
The UK Office for Product Safety & Standards (part of BEIS) has released guides on specific product safety and metrology regulations for businesses placing goods on the market in Great Britain starting January 1, 2021.
These guides beginning January 1, 2021 and contain very useful guidance on the obligations of manufacturers, authorized representatives, importers and distributors, providing further guidance for transitional arrangements and UKCA marking.
General product safety law
General Product Safety Regulations 2005
Electrical and electronic
Electrical Equipment (Safety) Regulations 2016
Electromagnetic Compatibility Regulations 2016
Radio Equipment Regulations 2017
Gas appliances
Regulation 2016/426 and the Gas Appliances (Enforcement) and Miscellaneous Amendments Regulations 2018
Lifts
Lifts Regulations 2016
Pressure equipment
Pressure Equipment (Safety) Regulations 2016
Recreational craft
Recreational Craft Regulations 2017
Toys
Toys (Safety) Regulations 2011
There are currently no guidance documents available for PPE, machinery or weights and measures regulations.
The UK Maritime & Coastguard Agency (MCA) has now released to Notified Bodies the UK Marine Equipment Conformity Assessment Mark Logos in all suitable formats and released UK guide templates for Marine UK Module B and Module D-E-F-G certificates so that we can finalize our UK Marine Equipment Conformity Assessment documentation.
Quote from the UK MCA:
"This update reflects the UK Marine Equipment conformity assessment certificate templates to be used from January 1st 2021. To note that the Marine Equipment UK conformity mark (Red Ensign Mark) is only to be used on marine equipment that is in compliance with the UK Regulations which will only come into effect on January 1st 2021."
Due to the Northern Ireland Protocol, the UK government has now released guidance on the requirements for UKNI marking and when it is required. In most cases marking requirements will be satisfied by combined CE and UKCA marking on a product which needs to be placed on the Great Britain, European and Northern Ireland markets.
Ecodesign and Energy Labeling rules are changing from 1st January 2021. All new products being placed on the GB market from 2021 will need to include the new UK branded flag energy label.
Here is a summary of the new rules for GB (Excluding NI):
For products being placed on the market in Northern Ireland (NI), existing EU legislation and labeling rules will continue to apply, including EU branding and use of the EPREL database.
October 15, 2020
There has been a further metrology UK Statutory Instrument series amendment which was laid before Parliament at 2.00 p.m. on 13th October 2020 specifically for Northern Ireland requirements. The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 also comes into force on IP Completion day. This update has specific requirements for the metrology UK regulations for Northern Ireland only, as required by the special situation under the Northern Ireland Protocol. The main metrology amending Statutory Instrument 2019/696 should still be considered, but now only for England, Wales and Scotland.
Since this is a very significant update TÜV SÜD will be releasing updated guidance for this shortly.
In September 2020, the UK government set a deadline of the October 15, 2020 for a free-trade deal with the European Union to be agreed. With that deadline rapidly approaching in just three days, the UK and the EU are approaching the end of the Brexit negotiation discussions making the next week crucial in whether the UK leaves with an agreement or leaves with a “no deal”.
With the future relationship between the UK and the EU set to be potentially clearer in the coming days, TÜV SÜD is committed to keeping our customers up to date on the very latest news relating to the new UKCA mark and the wider topic of Brexit to ensure our customers are fully informed on the forthcoming changes that affect you.
We will be providing updates through the UKCA blog to keep you up to date with the latest news during this crucial week of UK-EU discussions.
The UK Maritime and Coastguard Agency has just released Marine Information Note document MIN 590 Issue 3 for UK conformity assessment procedures for marine equipment following the transition period.
This updated guidance allows EU Marine Equipment Directive approved equipment to continue to be placed on UK ships until January 1, 2023. However, as with the CE marking guidance, this extension is subject to continued alignment of the EU and UK standards requirements.
From the January 1, 2021 Marine Equipment holding UK Conformity approval granted by a UK Approved Body with a UK Conformity mark can be placed on board UK ships. As highlighted in MIN 590 Issue 3, “Businesses are encouraged to be ready for full implementation of the new UK regime as soon as possible after the transition period ends.”
In a statement made to the House of Commons on Wednesday 23rd September Michael Gove, the Chancellor of the Duchy of Lancaster, highlighted that ‘there are now just 100 days to go until the United Kingdom leaves the Single Market and the Customs Union’.
The end of the transition period brings with it a lot of opportunity but as Gove points out in his statement many business are not fully prepared and many still believe that the transition period will be extended.
The government has released a new Statutory Instrument, UK SI 2020/1000, providing new guidance on exiting the European Union for Merchant Shipping. The Merchant Shipping (Consequential Amendments) (EU Exit) Regulations 2020, was Laid before Parliament on the 16th September 2020.
This new SI indicates that, similar to the UK SI 2020/852 update for the ‘mega SI’ amendments, a significant number of Marine EU Exit amendments have been amended to come into force “immediately before IP completion day”.
Importantly for Marine Equipment manufacturers this means that The Merchant Shipping (Marine Equipment) (Amendment etc.) (EU Exit) Regulations 2019 (UK SI 2019/470) which, for example, specifies the UK Marking and UK Declaration of Conformity requirements for Marine Equipment, would now come into force on IP completion day.
The Maritime & Coastguard Agency (MCA) will be providing updated guidance in the near future and TÜV SÜD will supply links to this information when it is released.
Following on from the latest UK Government update, we are able to offer an insight into the current guidance for medical devices. After the transition period the guidance for medical devices deviates from the general UKCA guidance. Some of the main points are as follows:
This latest guidance explains how to use the UKCA marking. The new UKCA mark can be used on all new products from January 1, 2021. However, this update from the government states that to make sure businesses have time to adjust to these new requirements, you will still be allowed to use CE marking until January 1, 2022 in most cases. This transitional arrangement will require additional legislation via a new UK Statutory Instrument. The guidance is clear that this is strictly a temporary arrangement and businesses will be actively encouraged to be ready for full implementation of the new UK regime as soon as possible after January 1, 2021, including (where applicable) engaging the services of a UK-recognized approved body.
The CE marking will only be valid in Great Britain where the rules in the EU are the same as the UK. The UKCA marking will not be recognized in the EU market.
If all these apply to you, then you must be using the UKCA marking by January 1, 2021. If your product:
There are plenty of points to talk about when it comes to the topic of the UK Statutory Instrument 2020 No.852, for one this amends the UK SI 2019 No,696. This does raise an important point, we have to be careful with SI titles, in this instance the SI refers to ‘The Product Safety and Metrology Amendment’ when actually this is amending a whole series of other schedules in UK SI No.696.
The key amendment that stands out from the rest is that it changes the enforcement day from ‘Exit Day’ to ‘IP Completion Day.’
People are expecting further UK SI ‘EU Exit’ amendments on the metrology series of SI, we will provide information on these updates as and when they come through.
As a prime example of just how fast statutory instruments can go through, the UK SI was drafted on the July 2, 2020 and 40 days later was ‘Laid’ to Parliament on August 12th via the negative shifting process.
The UKCA Webinar, hosted on the August 26, 2020 by TÜV SÜD, is now available for all to watch on demand. We thank those who attended and we are delighted with the great success of the event.
This is the first of a series of webinars on the UKCA marking that will be provided across the months leading up to the transition deadline.
The webinar covers everything you need to know about the transition from one mark to another and what that means for you, a handful of topics being; what to expect from the new UKCA mark, the transition from the CE mark to the UKCA mark, we go deeply into detail on statutory instruments, we include information on what different fields of work have to do in preparation for IP Completion Day and what to expect.
Understand the requirements for UKCA Marking, Statutory Instruments & timelines
Learn More
Learn about the UKCA Mark and the legislation and government guidance for machinery manufacturers
Learn More
What Brexit means for your existing EU certificate
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