UKCA Mark Deadline Extended

The implementation of the new CA mark for use in products sold in Great Britain will now take effect at the end of 2024. Here’s what you need to know.

UKCA

Great Britain is developing its own independent regulatory framework for goods sold in England, Scotland, and Wales. As part of this process, products — including connectors and other components as well as end devices — must be marked with a symbol that indicates the product has met Great Britain’s testing and compliance requirements.

The new mark, called the UKCA mark, will replace the CE mark used prior to Brexit. (Northern Ireland is developing its own requirements for placing goods on the market in Northern Ireland.)  The UKCA goal is to protect consumers from unsafe and non-compliant goods. Previously expected to take effect on December 31, 2022, the deadline has been extended to December 31, 2024, to give manufacturers time to implement the change. Until then, the European CE and reversed epsilon marking can still be used.

Manufacturers

Manufacturers of electronic components must meet these obligations for compliance:

  • Before placing a product on the Great Britain market, manufacturers must ensure that the product has been designed and manufactured in accordance with the relevant safety requirements outlined in the legislation, including relevant conformity assessment procedures.
  • Manufacturers must produce a declaration of conformity and place the UKCA marking visibly, legibly, and indelibly on the product. In product sectors or situations in which it is not possible to fit the mark on a product, the UKCA marking may instead be affixed to a label placed on the product, the product’s packaging, or be indicated in product documentation.
  • Technical documentation and a UK declaration of conformity should be kept for 10 years after a product has been placed on the Great Britain market to demonstrate to market surveillance and enforcement authorities, like the Office for Product Safety and Standards, that a product conforms with the regulatory requirements.
  • Manufacturers must indicate their name, registered trade name or registered trademark, and postal address on the product. Other product-specific indications may also be required, such as a type, batch, serial, or model number. Where it is not possible to indicate this on the product, the manufacturer must ensure the information is indicated on the packaging or in a document accompanying the product.
  • Manufacturers must ensure that the product is accompanied by instructions. The precise content and nature of the instructions will be product specific, but they generally should be clear, legible, and in easily understandable English.
  • Manufacturers must also make certain that procedures are in place to ensure that any products in series production remain in conformity with the relevant product regulations.
  • Manufacturers must immediately take corrective measures to bring non-conforming product into conformity or withdraw or recall it from the market. Where the product presents a risk, the manufacturer must immediately inform the market surveillance authority.

Importers

Importers have these obligations:

  • Importers established in the UK who supply a product from outside the UK for distribution, consumption, or use on the Great Britain market should check the relevant product specific legislation applicable to their product to understand their full responsibilities.
  • Importers must not place a non-compliant product on the market. They must ensure the manufacturer has carried out the correct conformity assessment procedures, subject to the requirements of the relevant legislation. If the manufacturer has appeared to have supplied non-compliant products, then the importer must take the necessary corrective actions (for example, recalling products from the market) to prevent the products from being placed on the GB market, until they are compliant with the appropriate legislative requirements.
  • Where the product presents a risk, the importer must immediately inform the relevant enforcement authority.
  • The importer must ensure the manufacturer has drawn up the correct technical documentation in English, affixed conformity markings, and has fulfilled its identification obligations.
  • Importers must ensure that the storage or transport conditions do not jeopardize compliance with the relevant UK products regulations.
  • Importers must retain a copy of the Declaration of Conformity and technical documentation for 10 years after the product has been placed on the market.

Distributors

A distributor is a person in the supply chain, other than the manufacturer or importer, who makes products available on the GB market. If a person is bringing in a product from outside of the UK and placing it on the market, they will be considered an importer under the legislation and therefore these persons cannot be distributors.

Obligations for all distributors:

Please note that this guidance to distributors is non-exhaustive. Check the relevant legislation to understand your full responsibilities and whether there are specific obligations depending on the products you are placing on the GB market.

  • A distributor must take due care to ensure that products are in conformity with Great Britain’s regulations. The distributor must verify that the manufacturer and importer (if relevant) have indicated their name, registered trade name or registered trademark, postal address, and any other required indications on the product.
  • Distributors must ensure that products bear the UKCA marking and are accompanied by the required documentation, instructions, and safety information.
  • If there is reason to believe a products is non-compliant, then the distributor must take corrective actions to prevent it from being placed on the GB market until the product has been brought into conformity.
  • Where the product presents a risk, the distributor must immediately inform the relevant enforcement authority.
  • Distributors must ensure that while the products are under their responsibility within the supply chain, the products’ storage and transport conditions do not jeopardize their conformity with the legislation.

More information is available:

Like this article? Check out our other articles

Nicab blog

Take a look at some of our other posts

Nicab