United Kingdom – Brexit

Brexit’s new rules and market access implications

Staying abreast of market entry requirements is more important – and challenging - than ever to maintain market access in the U.K. and EU. The EU-UK Trade and Cooperation Agreement introduced significant changes in conformity assessment legislation. Leverage UL Solutions’ global regulatory expertise to help maintain continued market access.

The EU-UK Trade and Cooperation Agreement - key regulatory changes

Following the United Kingdom’s (U.K.) departure from the European Union (EU) on Jan. 31, 2020, the EU and U.K. jointly agreed on a transition period that ended on Dec. 31, 2020. During the transition, the U.K. maintained status-quo for businesses and consumers, which means that the EU still recognized U.K. Notified Bodies, and manufacturers could sell CE marked products into the U.K. market.

On Dec. 24, 2020, the United Kingdom and the European Union have agreed to the Trade and Cooperation Agreement. The U.K.-EU trade Agreement contains new rules for living, working and trading together and entered into force on Dec. 31, 2020.

The full Agreement is 1,246 pages and is available here.

The deal secures tariff-free access between EU and U.K. markets but does not change the compliance process, so the UK Conformity Assessed (UKCA) marking and conformity to the U.K. legislations remain valid for placing goods on the market in Great Britain. The new rules have been in application from 11 p.m. Dec. 31, 2020.

Recognizing the impact of the new UKCA marking on businesses, on August 2023 and January 2024, the Government has extended the recognition of CE marking indefinitely, superseding the previously announced deadline for the mandatory implementation of UKCA marking of 1 January 2025. The CE marked goods  that meet EU requirements can continue to be placed on the GB market for the 21 regulations listed below. This includes goods which have been assessed by an EU recognized notified body.

The UKCA mark remains an option for manufacturers.

The UKCA marking

The new UKCA marking declares that the product conforms to all applicable U.K. legislative requirements and that appropriate conformity assessment procedures have been successfully completed. Beginning Jan. 1, 2021, the UKCA marking has been introduced as a requirement for goods entering the Great Britain market, including England, Scotland and Wales. The UKCA marking can be applied on products subject to the U.K. legislation, including the Radio Equipment, EMC and Low Voltage directives. Additionally, all U.K.-based EU Notified Bodies lost their status on Jan. 1, 2021. All EU Certificates issued by those bodies must be transferred to an EU 27 Notified Body by Dec. 31, 2020 to ensure continued validity.

In both cases, when the manufacturer is using either the UKCA or the CE marking, the energy label must be revised to reflect the UK flag, starting from 1st January 2021. Also, the energy label must include English language text and, when a QR code is applicable, it must link to a publicly accessible website showing the model information.

In addition to the recognition of CE marking, U.K. Government is also working on a new statutory instrument on labelling requirements, confirming more flexibility for manufacturers in regards to location of the UKCA mark and of UK importer information, that can be placed on a sticky label or accompanying document or can be digitally applied.

UL Solutions will continue to monitor any changes in U.K. legislation and update customers on impacts relevant to them. UL Solutions maintains a local presence to provide complete U.K. market access support, including regulatory intelligence, testing, certification and inspection services. 

Regulation in scope of UK Government announcement of 24 January 2024:

This announcement does not apply to: medical devices, construction products, marine equipment, rail products, cableways, transportable pressure equipment and unmanned aircraft systems regulations.

How UL Solutions can help you achieve business continuity in the U.K and EU

UL Solutions is prepared to support changes to product marking schemes for the U.K. and mainland Europe immediately.

We have established the following accredited Notified and Approved Bodies in the EU and U.K., allowing uninterrupted support for customers requesting the UKCA mark and other global market access services.

* Approved Body for System 1+ and System 3 will be received in Q3/Q4 2021 for wire and cable (Product Area 31 – Power, control and communication cables).

** Limited scope currently, refer to MHRA website for details.

Our long-standing presence in and knowledge of the U.K. and EU markets helps you meet regulatory compliance as requirements change. Contact us for more information on how UL Solutions can ensure access of your products and services to Great Britain, Northern Ireland and the EU.