Update on UK Conformity Assessment Marking requirements (June 2022)

UK

Update on UK Conformity Assessment Marking requirements (June 2022)

On 20^th June 2022, the Office for Product Safety and Standards (OPSS) issued updated guidance relating to the need for UK conformity assessment marking on products placed on the GB market.

For a transitional period up until 31^st Dec 2021 (later extended until 31 Dec 2022), goods carrying the CE mark would continue to be allowed to be placed on the GB market without the UKCA mark.

Following consultation with industry, OPSS has issued updated guidance in relation to conformity assessment marking and the UK Government intends to formalise this in new legislation.

The UKCA label should, ideally, be affixed to a product but may be provided on a hangtag, label affixed to the packaging, leaflet enclosed within the item’s retail packaging, or on a commercial document such as a shipping invoice.

The updated guidance re-iterates that for goods to be considered as being placed on the GB market then the manufacturing process must have been completed against a contract of sale/purchase and that there does not need to be physical transfer of the goods for them to have been placed on the GB market. This is consistent with the interpretation of ‘placed on the market’ applicable for the EU.

In addition, the guidance re-iterates that it is the producer (manufacturer), importer or distributor who bear the burden of proof for demonstrating when goods were placed on the market and that they are in conformity with the applicable safety Regulations at the time that they were placed on the market.

Goods which are affected by these updated guidelines include toys, pyrotechnics, pressure vessels, radio equipment, personal protective equipment, goods subject to ecodesign Regulations and those subject to the Electromagnetic Compatibility Regulations. This is not an exhaustive list.