What Happens to CE Marking if the UK Leaves the European Union Without a Deal?

What Happens to CE Marking if the UK Leaves the European Union Without a Deal?

Brexit has caused confusion for some companies and manufacturers that sell or produce products requiring certification marking — particularly if a “no-deal Brexit” happens.

In a no-deal Brexit, which will occur if the United Kingdom (UK) and European Union (EU) do not come to a withdrawal agreement, there would be no 21-month transition period for changes as a result of leaving the EU. It would leave things up in the air for companies that currently use the CE mark to indicate compliance with regulations such as the Restriction of Hazardous Substances (RoHS) Directive.

After March 29, 2019 (in a no-deal Brexit situation), goods that have been assessed against EU regulatory requirements and received the CE mark will still maintain UK market access — but only for a limited time. If this happens, a CE mark would still be used in most cases, but use of the new UK Conformity Assessed marking (UKCA), would begin after March 29, 2019.

Eventually, most products covered by CE markings will be required to switch to the new UKCA marking. Companies that sell into both the UK and EU would be expected to have both a CE and UKCA mark on products.

In order to gain a UKCA mark on products, companies must:

  • Build a technical file that demonstrates regulatory compliance.
  • Complete a conformity assessment from a UK-recognized assessment body.
  • Undertake a conformity assessment from a UK-recognized assessment body, once the process is fully defined.
  • Prepare a UK Declaration of Conformity to accompany products.   

Products sold in the UK will not be the only items affected by a potential no-deal Brexit. If this happens, products that received a CE mark from a UK conformity assessment body will no longer be recognized as compliant in the EU. Companies will be required to have products reassessed and marked by an EU conformity assessment body in order to maintain market access.

Automotive, aerospace, pharmaceutical products, medical devices, chemicals, goods subject to national regulations, and construction products were excluded from the UKCA marks guidance issued by the UK government.

To maintain market access, companies should collect the necessary supply chain data to support current CE marking requirements. A similar process of collecting and reporting on the presence of hazardous substances via a technical file submission is expected for the UKCA marking.

Learn how Assent’s Product Compliance Suite can help you collect the necessary data. For more information, or questions about conformity marking, email info@assentcompliance.com.