The UK Government has this morning announced an indefinite extension to the recognition of CE product safety marking in Great Britain.  This announcement will be welcome news for the many businesses who have been grappling with the post-Brexit challenge of transitioning from CE to the new UKCA marking for products being placed on the market or put into service in GB.  The rationale given by the Government for the change is that, having listened to industry, they are looking to cut burdens and create certainty to enable businesses to focus on innovation and growth.

Businesses placing products on the GB market or putting products into service in GB will no longer be required to adopt UKCA marking (but can still choose to do so).  Following a series of delays, we had been expecting UKCA marking to be mandatory for most in-scope products being placed on the market or put into service in GB after 31 December 2024.  Legislation will be required to implement the extension – we expect to see this published later this year.

It should be noted that this morning’s announcement comes from the Department for Business and Trade.  The DBT is responsible for the majority of UKCA regimes but some products fall within the remit of other departments.  For example, construction products fall within the remit of the Department for Levelling Up, Housing and Communities.  the DLUHC has previously announced an intention to end recognition of the CE mark for construction products in GB on 30 June 2025 (i.e. a slightly different position to DBT).  We have not yet seen anything from the DLUHC or other relevant departments to confirm they will also be mirroring the approach announced by the DBT.  However, it would be surprising if UKCA marking was mandatory for a subset of products while CE was permitted indefinitely for others, so we expect to see similar announcements from other departments shortly.

If you would like support with navigating the implications of these changes for your business, please get in touch with Sarah Sackville Hamilton or Michael Barlow.