BEIS have issued an update to “Using the UKCA marking” guidance last issued on 31 December 2020. More information has been added on when a you can self-declare along with updates to the ‘Relevant UK and EU legislation” to remove inaccurate legislation.

The updated guidance can be viewed here.

Summary of changes

While this is general guidance there are several references to separate guidance being available for construction products which should be read. These link back to guidance issued in September 2020 dealing with the two UK Statutory Instruments – Construction Products (Amendment etc.) (EU Exit) Regulations 2019 and 2020.

Notable differences in the text are as follows:

On page 2, Selling goods in Great Britain

  • The following has been added:
  • ‘The circumstances in which you can use self-declaration of conformity for UKCA marking are the same as for CE marking. If you were able to self-declare conformity for the CE marking, you will be able to do the same for the UKCA marking.
  • Check the list of areas where self-declaration is permitted.’

On page 3, When to use the UKCA marking

  • The following has been added:
    This does not apply to existing stock, for example if your good was fully manufactured, CE marked and ready to be placed on the market before 1 January 2021. In these cases, your good can still be sold in Great Britain with a CE marking even if covered by a certificate of conformity issued by a UK body before 1st January 2021. These goods will need to be placed on the market before 31 December 2021.

On page 3, How to use UKCA marking, Placing the UKCA marking, General Rules

  • The following has been added:
    A product may have additional markings and marks, as long as they:
    • Fulfil a different function from that of the UKCA marking
    • Are not likely to cause confusion with the UKCA marking
    • Do not reduce the legibility and visibility of the UKCA marking.

On page 4, Rules for using the UKCA image:

  • The following has been added:
    The UKCA marking can take different forms (for example, the colour does not have to be solid), as long as it remains visible, legible and maintains the required proportions.’

On page 5, UK Declaration of Conformity

  • Please note that construction products manufacturers have a Declaration of Performance so CPA recommends that this also applies to DoPs
  • The following sentence has been added:
    ‘We recommend that manufacturers have a separate UK Declaration of Conformity to their EU Declaration of Conformity.’

On pages 6-7 there is a new table titled ‘Legislative areas where self-declaration of conformity for UKCA marking is permitted’.

  • This lists the CPR  with a product scope of AVCP System 4.

On page 8, there is a new item ‘Transitional measures relating to the UKCA marking.’

  • The last sentence categorically states that these transitional arrangements do not apply to construction products.

It has also been noted that guidance issued in the original document “Using the UKCA mark from 1 January 2021” dated 1st September 2020 now excludes the following text:

  • Future use of markings in the UK
    From 1 January 2022, the CE marking will not be recognised in Great Britain for areas covered by this guidance and the UKCA marking. However, a product bearing the CE marking would still be valid for sale in the UK so long as it was also UKCA marked and complied with the relevant UK rules.

CPA update on outstanding areas of BREXIT concern

Visit the FIS Brexit Toolkit here

Thanks to the Construction Products Association for pulling this information together on behalf of FIS Members