Introduction
The United Kingdom has left the European Union and the government has decided that the UK must replace the CE Marking on machinery in the UK.
Machinery (Safety) Regulations
The UK Department for Business, Energy and Industrial Strategy (BEIS) issued a draft Statutory Instrument (SI) including amendments to Supply of Machinery (Safety) Regulations.
Arguably the most obvious amendment in the regulations wording is the substitution of “UK” for “CE” (e.g., “CE Marking” is replaced by “UK Marking”). UK manufacturers/suppliers must declare compliance with the UK Regulations using a “UK Declaration of Conformity” in the same way as they previously declare compliance with the EU Directives using a “EC Declaration of Conformity”.
Selling Machinery in Great Britain
The UKCA marking will apply to most goods previously subject to the CE marking.
As of 1 January 2021, the conformity assessment processes and standards used to demonstrate conformity will be largely the same as they have been, meeting the technical requirements (‘essential requirements’) set out in the UK Supply of Machinery (Safety) Regulations.
The UKCA marking will be used to indicate conformity, replacing the CE Marking. However, to allow businesses time to adjust to the new requirements, manufacturers of machinery will still be able to use the CE marking until 1 January 2022.
Northern Ireland (Northern Ireland Protocol)
If you are a manufacturer in Northern Ireland, subject to the Northern Ireland Protocol, you will still be able to place qualifying Northern Ireland goods on the GB market with an EU conformity assessment marking (CE marking) after 31 December 2021.
In this case you must apply a UKNI marking to the machinery. The UKNI marking accompanies a CE marking. The UKNI marking is not recognised on the EU market. If you are placing goods on the EU market, you must use the CE marking on its own, without the UKNI marking.
Selling Machinery to the EU
The UKCA and UKNI marking will not be recognised on the EU market. Products currently requiring a CE marking will still need a CE marking and an “EC Declaration of Conformity” for sale in the EU.
It is the manufacturers responsibility to declare compliance under the EC Declaration and for placing the CE Mark. However, as the UK is now outside of the EU and classed as an “importer” to the EU, some of the responsibilities must now be undertaken by “person(s)” named in the EC Declaration of Conformity and established in the EU working on behalf of the manufacturer (“Authorised Representative”). Primarily the duty of these “person(s)” is to make available the “Technical File” to the responsible National Authorities on demand.
Standards – UK Designated Standards
UK standards will be the same in substance to the EU Harmonised Standards and with the same reference as the standards used in the EU. However, they will be recognised as the “UK Designated Standards” and will use the prefix ‘BS’ to indicate that they are standards adopted by the British Standards Institution as the UK’s national standards body.
This is a guest post for ATC Automation written by Robin J Carver EurOSHM CMIOSH MIntMC FIIRSM RSP
