There has been some confusion over product marking requirements and the construction products regulations across the UK and for both import and export purposes.  In short, a new UK domestic regime will cover most goods currently subject to the Construction Products Regulation (CPR) and hence CE Marking. The technical requirements for these goods will remain broadly the same on 1 January 2021 as they are now, however, we will see the introduction of the UKCA marking and a system of third-party conformity assessment by UK-recognised approved bodies, in place of the current EU system of notified bodies.  A separate mark has also been developed to cover the special arrangements for Northern Ireland.

To assist manufacturers and contractors in understanding their requirements, FIS has produced two simple tables that show requirements for 2021 and how this is likely to change in 2022.  With some fluidity still expected and issues with European Technical Assessments Issued by UK Notified Bodies and test reports issued by UK Notified Laboratories (it is now understood that these can no longer be used for the purposes of CE Marking and you will need to transition to an EU Notified Body for the purposes of CE Marking when placing your products in the European market from the 1st January and to switch to UKCA Marking in the UK via a UK Approved Body).  The situation is different in Northern Ireland, based on the Northern Ireland Protocol and it is vital that you are in conversation with the Notified Body/Test laboratory to ensure that that you are working towards compliance asap in readiness for the New Year.

Product Marking Requirements from January 2021-December 2021

Manufacture in Great Britain Manufacture in
Northern Ireland
Manufacture in EU
Place in GB

UKCA

CE

UK (NI) & CE

CE

CE

UKCA

Place in NI

UK (NI) & CE

CE

UK (NI) & CE

CE

CE

UK(NI) &CE

Place in EU CE CE CE
  • You can place the UKCA and CE marking on the same product if it is destined for both the GB and EU markets so long as the product meets the rules for both markets.
  • UK Notified bodies will no longer be able to provide CE marking from 1st Jan 2021, vital to check with your notified body how the transition is being handled
  • The UKCA mark alone cannot be used for goods placed on the market in Northern Ireland

Product Marking Requirements from January 2022

Manufacture in Great Britain Manufacture in
Northern Ireland
Manufacture in EU
Place in GB UKCA

UK (NI) & CE

CE

UKCA
Place in NI

UK (NI) & CE

CE

UK (NI) & CE

CE

CE

UK (NI) & CE

Place in EU CE CE CE
  • So long as you have the correct approval from an EU Notified and UK Approved body, there is nothing to stop you using all three marks in accordance with marking requirements,
  • Further clarity anticipated on how the Construction Products Regulations will be applied in Northern Ireland is available here.

It is important to consider whether you are placing or purchasing a system or assembly – if the latter, you will need to consider any marking requirements of the component parts. This will also have implications on any tariff requirements

FIS is keeping our Preparing for Brexit Toolkit up to date here, the risk assessment tool includes links to support preparing for import and export, the EORI process and tariff expectations.

FIS is grateful to the Construction Products Association for support in helping to target and develop guidance for our community.

Questions and Answers

Could a manufacturer in GB apply the UKNI & CE to sell across the UK (that is both in NI and GB) thus avoiding the need to use UKCA mark as well?  

From the 1 January 2021, this depends on where the product has been conformity assessed.

If a UK body has assessed the product it will need to have UKNI+CE marking (to allow it on the NI market) in combination with the UKCA mark (for the GB market).

If it has been tested by an EU body it can be CE marked (will allow it on the NI market) and a UK body will need to test it to apply the UKCA mark (for the GB market).

To be clear, UK bodies are able to apply the CE marking only where it is accompanied by the UKNI marking, to indicate that the product is valid for placing on the NI market, but not the EU market. UK bodies are not recognised as competent to apply the CE marking alone, since this would mean the product is valid for the EU market. Without an MRA, UK bodies will not be recognised as competent to test for the EU market.

Additional recommended articles:

Brexit: The Big Three Issues for the Finishes and Interiors Sector

CLC Guide: Conformity Marking of Construction Products Guidance

UK Government: Details of the 12-month transition for CE Marking

Further guidance on how the Construction Products Regulations will be applied in Northern Ireland is available here.

CPA: Concerns if you CE Mark using a European Technical Assessment Issued by a UK Notified Body

FIS Preparing for Brexit Toolkit

You can visit the FIS Preparing for Brexit Toolkit here

Please do check back on this page, whilst FIS is making every effort to provide clear information, all advice is provided in good faith, but in an environment where Government are publishing new guidance and hence details subject to review – any deal secured may result in further clarification or change.