UKCA Marking - Extension of Grace Period Announced by the UK Government (Toys & Children's Products)

2021-09-03

Brexit ("British exit") was the withdrawal of the United Kingdom (UK) from the European Union (EU) on 2020-01-31. Such complicated process of separation includes also the returning of the British own safety marking (now named UKCA) instead of the CE marking that has been using in the UK for years.

The UKCA (UK Conformity Assessed)marking is a new UK product marking that is used for goods being placed on the market in Great Britain (England, Wales and Scotland). It covers most goods which previously required the CE marking, known as "new approach" goods - including children's toys.

The UKCA marking in fact came into effect on 2021-01-01(one year after the Brexit). However, to allow businesses more time to adjust to the new requirements, the grace period for continuing to use CE marking is now extended until 2023-01-01 in most cases.

UKCA Marking:

During this grace period until 2023-01-01, CE marking can still be used, unless the product is covered by legislation which requires the UKCA marking.

In brief, products require UKCA marking if all of the following apply. The product:

is for the market in Great Britain;
is covered by legislation which requires the UKCA marking;
requires mandatory third-party conformity assessment; and
conformity assessment has been carried out by a UK conformity assessment body.

It is noteworthy that UKCA requirements do not apply to existing stock; for example, for the goods fully manufactured, CE marked and ready to be placed on the market before 2021-01-01. In this case, the goods 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 2021-01-01. However, the goods will need to be placed on the market before 2022-12-31.

Deadline:

This could be the final grace period for CE marking using in Great Britain after the Brexit, and will end on 2023-01-01. All goods still carrying the CE marking will need to be placed on the British market before 2022-12-31.

References:

https://www.gov.uk/guidance/using-the-ukca-marking#when-to-use-the-ukca-marking

https://www.gov.uk/guidance/brexit-guidance-for-businesses

https://www.gov.uk/guidance/placing-manufactured-goods-on-the-market-in-great-britain