The Department for Business and Trade (DBT) have today announced a pragmatic approach to improving product regulation in GB, to reduce barriers to trade and support businesses to invest and grow.
Last summer, DBT announced the intention to indefinitely recognise current EU requirements, including the CE marking, for the 18 product regulations under the department’s remit.
Following feedback from industry, the government is now expanding the scope of continued CE recognition to include three more regulations. To provide legal certainty to industry, government intends to legislate for this indefinite CE recognition this Spring. Later in the year, government also intends to introduce greater labelling flexibility, including the voluntary option for manufacturers to use digital labelling.
Along with the 18 DBT regulations, the three further regulations now included are:
- Eco-design for Energy-Related Products Regulations 2010
- The Explosives Regulations 2014
- The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2012 (‘The RoHS Regulations’) – in most circumstances
For the Restriction of Hazardous Substances in Electrical Equipment regulation, we are taking a two-part approach. Where products meet the maximum concentration values set out in Annex II to the EU RoHS Directive (2011/65/EU), we will continue to recognise current EU regulations and CE marking. Where a product relies on an exemption, we will also continue to recognise current EU regulations and CE marking provided there is an equivalent exemption under the GB RoHS regulations.
The indefinite recognition of current EU requirements for the regulations included in this announcement means businesses have the flexibility to use either the UKCA or CE marking to sell products in GB. It will cut costs while benefitting consumers and ensuring our regulatory system is agile, supporting growth and innovation.
Not all regulations are included in this announcement. The UK government is taking a tailored approach to product regulation to ensure the interests of UK businesses, consumers and the economy are taken into account. This announcement does not apply to regulations for medical devices, construction products, marine equipment, rail products, cableways, transportable pressure equipment and unmanned aircraft systems regulations. There are specific arrangements in place for these regulations, which have or will be set out by the relevant departments in due course.
Following extensive engagement across the UK and internationally, a new ‘Fast Track UKCA’ process will be introduced, allowing manufacturers to use the UKCA marking to demonstrate compliance with either UKCA product requirements or EU product requirements where they are recognised, to place products on the market in GB. Where products are covered by multiple regulations, a mixture of both UKCA and CE conformity assessment procedures can be used. This is designed to provide longer-term certainty and flexibility for businesses should the UK mandate UKCA for certain regulations in the future.
Separately, following feedback from businesses, the Government also intends to legislate for further measures in Spring 2024. This will provide permanent labelling flexibility, allowing:
- The UKCA marking to be placed on a sticky label or accompanying document.
- Importers of goods from any country outside the UK to provide their details either on the product itself, on an accompanying document, the packaging or on an adhesive label. This means all businesses placing products on the GB market will benefit from this measure and have the option to provide their details either indelibly on the product itself, on an accompanying document, the packaging or on an adhesive label.
- The voluntary option to use digital labelling. Businesses will be able to apply the UKCA marking, manufacturer details and importer details digitally.
We are keen to continue to hear the perspectives of industry to enable us to implement the policy to best benefit British businesses and consumers. We will be arranging a webinar shortly to explain these developments in greater detail. We also continue to welcome any feedback, comments, and any challenges that businesses are facing, so we can support them during this period. Please contact the following mailboxes for further info on:
- The 18 Regulations already announced (DBT): email@example.com
- Eco-design Regulations (DESNZ): firstname.lastname@example.org
- Restriction of Hazardous Substances Regulations (Defra): email@example.com
- Explosive Regulations (HSE): firstname.lastname@example.org
The following webpages will be updated in due course:
- Using the UKCA marking
- Placing manufactured goods on the market in Great Britain
- UK conformity assessment and documentation
- Roles and responsibilities
Regulations in scope of this announcement
The Department for Business and Trade (DBT) regulations in scope of this announcement are:
- Equipment for use in potentially explosive atmospheres Regulations 2016/1107
- Electromagnetic compatibility Regulations 2016/1091
- Lifts Regulations 2016/1093
- Electrical Equipment (Safety) Regulations 2016/1101
- Pressure Equipment (Safety) Regulations 2016/1105
- Pyrotechnic Articles (Safety) Regulations 2015/1553
- Recreational Craft Regulations 2017/737
- Radio Equipment Regulations 2017/1206
- Simple Pressure Vessels (Safety) Regulations 2016/1092
- Toys (Safety) Regulations 2011/1881
- Aerosol Dispensers Regulations 2009/ 2824
- Gas Appliances (EU Regulation) 2016/426
- Supply of Machinery (Safety) Regulations 2008/1597
- Noise Emission in the Environment by Equipment for use Outdoors Regulations 2001/1701
- Personal Protective Equipment (EU Regulation) 2016/425
- Measuring Instruments Regulations 2016/1153
- Non-automatic weighing instruments Regulations 2016/1152
- Measuring Container Bottles (EEC Requirements) Regulations 1977
For the Department for Environment, Food and Rural Affairs (DEFRA):
- The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2012 (‘The RoHS Regulations’)
For the Department for Energy Security and Net Zero (DESNZ):
- Ecodesign for Energy-Related Products 2010 Regulations
For the Department for Work and Pensions (DWP) [The Health and Safety Executive (HSE)]:
- The Explosives Regulations 2014
Regulations not in scope of this announcement:
The UK government is taking a tailored approach to product regulation to ensure the interests of UK businesses, consumers and the economy are taken into account. There are certain sectors which require a bespoke approach to conformity assessment, and therefore extending recognition of the CE marking for products under the following regulations is not being included in this legislation. This includes:
For The Department for Levelling up, Housing and Communities (DLUHC):
- Construction Product Regulations 2013
For The Department for Health and Social Care (DHSC) [- Medicines and Healthcare Products Regulatory Agency (MHRA)]
- The Medical Devices Regulations 2002
For the Department for Transport (DFT)
- The Railways (interoperability) Regulations 2011
- Marine Equipment Regulations 2016
- The Cableway Installations Regulations 2018 (SI 2018/816) and The Cableway Installations (Amendment) (EU Exit) Regulations 2019 (SI 2019/1347).
- The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009
- Unmanned Aircraft Systems (UAS) Regulation 2019/945