As a result of the agreement between the UK and the EU, the UK is no longer accepting CE marked equipment and machinery. However, don’t panic just yet. The UK and the EU have agreed on a grace period of one year for some products, including event industry machinery and equipment. The CE Mark is still valid in the UK for equipment placed before the 31 December 2021. During this 12-month period, UK manufacturers can CE mark their products into the EU as they used to do before Brexit.
CE marked equipment already placed in the UK market before 1 January 2022 will continue to be valid until the product end-of-life. However, from 1 January 2022 any equipment or machinery entering the UK will be subject to UKCA and UK regulations. Existing CE marked machinery in the UK suffering a substantial modification after the January 2022 deadline will also be subject to UKCA and UK regulations and might loose the CE Mark.
What is written above is not the whole story, but it is the quick-to-read summary of the changes to come. In detail, and to be precise, after the grace period some parts of the UK territory will accept CE marked equipment and some parts of the UK will accept both, CE and UKCA marked equipment.
Northern Ireland currently accepts two different markings: CE Mark and UKNI Mark, the latter is the equivalent to UKCA but for Northern Ireland. Easy, right? Well, all three markings can coexist and could be found together in any equipment produced from 1 January 2021.
- CE Mark equipment complies with EU Directives and is placed in the Single Market (EU+EEA+NI) together with an EU Declaration of Conformity that contains a contact point (address) in a country within the Single Marked (addresses in the UK, including Northern Ireland, are not a valid contact point for EU Declarations of Conformity). CE marked equipment can be placed anywhere in the Single Market and Northern Ireland.
- UKCA Mark equipment complies with UK Regulations and is placed in the GB market together with a UK Declaration of Conformity that contains a contact point (address) in a nation within Great Britain (England, Scotland, and Wales). UKCA marked equipment can be placed anywhere in Great Britain (England, Scotland and Wales only).
- UKNI Mark equipment complies with UK (NI) Regulations and is placed in the Nothern Ireland market together with a NI Declaration of Conformity that contains a contact point (address) in a country within the UK (England, Scotland, Wales and Northern Ireland). The UKNI Mark must be placed along a CE Mark however it does not require an EU Declaration of Conformity. UKNI + CE marked equipment can be placed in Northern Ireland, but not in the Single Market if it does not have an additional valid EU Declaration of Conformity listing EU Directives (See CE Mark entry). If the equipment is in conformity with both legislations, then the UKNI + CE Mark might become UKCA + CE Mark (See UKCA Mark entry)
Equipment with both a UK and an EU Declaration of Conformity, containing both a UKCA Mark and a CE Mark, could be placed anywhere within the UK and the Single Market (EU – including Northen Ireland). Therefore, any manufacturer that wishes to achieve both markings, would need an address in Great Britain and an address in the EU (Single Market – excluding NI).
Note that partially completed machinery that require a Declaration of Incorporation will follow the same logic as above, however it will NOT be CE , UKCA or UKNI marked.
At the time of writing this article, the UK regulations for equipment and machinery are similar to the EU Directives. However, going into 2021, the EU will apply changes to some Directives, but the UK is not planning to update theirs. The legislations are likely to diverge over time. Although both entities have always expressed the intend to keep equivalent legal texts to ease the exchange of goods at the border, the devil might be in the details. Find below a translation table between the EU Directives and the Regulations in the UK and Northern Ireland.
Feel free to send us an email to firstname.lastname@example.org if you want more information about this topic or you require further information about the use of notified bodies in the UK and the EU.
EU Directive – UK Regulations Translation
|EU legislation||UK legislation / NI legislation|
|Electromagnetic Compatibility – Directive 2014/30/EU||Electromagnetic Compatibility Regulations 2016|
|Low Voltage Directive 2014/35||Electrical Equipment (Safety) Regulations 2016|
|Lifts – Directive 2014/33/EU||Lifts Regulations 2016|
|Radio equipment – Directive 2014/53/EU||Radio Equipment Regulations 2017|
|Pressure equipment – Directive 2014/68/EU||Pressure Equipment (Safety) Regulations 2016|
|Personal protective equipment – Regulation (EU) 2016/425||Regulation (EU) 2016/425 + Personal Protective Equipment (Enforcement) Regulations 2018|
|Machinery Directive 2006/42/EC||Supply of Machinery (Safety) Regulations 2008|
|Outdoor Noise Directive 2000/14/EC||Noise Emission in the Environment by Equipment for use Outdoors Regulations 2001|
|Restriction of the Use of certain Hazardous Substances in Electrical and Electronic Equipment (RoHS) – Directive 2002/95/EC||The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2012|
|Directive 2013/29/EU – Pyrotechnic Articles||The Pyrotechnic Articles (Safety) Regulations 2015|