AS OF JANUARY 1, 2021, THE UNITED KINGDOM IS NO LONGER A MEMBER STATE OF THE EUROPEAN UNION.
Brexit has brought about several regulatory changes and several modifications to the product compliance regulatory process.
LET’S TAKE A CLOSER LOOK AT WHAT HAS CHANGED LEGISLATIVELY SINCE BREXIT WITH REGARD TO PRODUCT MARKING:
Effective January 1, 2021, a new marking requirement was introduced for products placed on the market in Great Britain (England, Wales, and Scotland), identified by the acronym “ 
” (UK Conformity Assessed).
The latter will gradually replace the CE mark in the former member states.
However, it should be noted that the new marking is not recognized in the 27 EU countries; therefore, in order to place a product on the EU market, it will be necessary to display the CE mark.
For goods destined for the Northern Ireland market, even though Northern Ireland is one of the former member states, the CE marking and all other markings required by the European Community will remain in effect.
However, if a third-party conformity assessment is conducted by a UK body, not only the CE marking but also the UKNI marking must be applied.
It should be noted that such goods, bearing the dual CE– markings, cannot be placed on the EU market, as they have been assessed by a body based in the United Kingdom.
PERIODS AND DEADLINES
A transition period has been established for the application of the UKCA mark to allow businesses to adapt to the new rules. Therefore, for most goods, it will still be possible to use the CE marking and the related technical documentation until the deadline of January 1, 2022.
It is mandatory to adopt the new label immediately if the product meets all of the following conditions:
- is intended for the British market;
- is covered by legislation requiring the “
” label; - requires that conformity assessment be performed by a notified body
; - The product’s conformity assessment was performed by a conformity assessment body in the United Kingdom.
Effective January 1, 2023, the “ ” label must be displayed without exception.
To date, the technical requirements, processes, and evaluation standards used to demonstrate compliance and obtain the “ ” mark appear to be no different from those required for the CE mark.
Below is a summary table of the information presented so far, showing the trademarks accepted in each market:
MACHINERY DIRECTIVE
After Brexit, the Machinery Directive 2006/42/EC will be replaced by the Supply of Machinery (Safety) Regulations 2008, which is the national implementation of the Directive.
The Product Safety and Metrology, etc. (Amendment, etc.) (EU Exit) Regulations 2019 No. 696, which took effect on January 1, 2021, introduced several changes with broad implications in the regulatory and product safety fields, including regulations governing machinery.
In addition, the Low Voltage Directive has been replaced by the Electrical Equipment (Safety) Regulation 2016 No. 1101; all references to the European Union have been removed, and certain definitions have been amended.
RULES
After Brexit, the European Union’s harmonized standards will become DESIGNATED STANDARDSand may be used to establish a presumption of conformity with UK regulations.
Most of these will remain unchanged compared to the standards harmonized with the European Directives.
In the field of machine safety, EN ISO 14120 and EN ISO 13857—the reference standards for the design and installation of perimeter guards—will remain unchanged.
Harmonized standards, however, will continue to be used in Northern Ireland, where European regulations will continue to apply.
DECLARATION OF CONFORMITY
With regard to the Declaration of Conformity, a new declaration calledthe “UK Declaration of Conformity” has been introduced.
The latter has the same structure as the EC Declaration of Conformity, but the references to European regulations and standards have been replaced by those in force in Great Britain.
