CE switchover postponed to 2025

The deadline for transition from Conformité Européenne, or CE, marking to the new United Kingdom Conformity Assessed (UKCA) mark has been pushed back two years to 1st January 2025

UKCA marking can already be used now but this extension means that businesses are still allowed to use the CE marking until 31st December 2024.

The switchover had originally been scheduled for the end of 2021 but was extended in August 2021 to the end of 2022.

The UKCA marking scheme is being introduced because, in 2016, 52% of the participating UK electorate voted to leave the European Union. This means no longer having to share common standards – and so the UK is leaving the Conformité Européenne (CE) scheme.

The problem is that it is proving a lot harder than some expected to put in place a replacement scheme that provides assurance to customers that they are buying what they expected they are buying.

The statement from the Department for Business, Energy & Industrial Strategy blamed Putin and Covid for the bureaucratic snafu.

Business secretary Grant Shapps said: “The government is determined to remove barriers to businesses so they can get on with their top priorities, like providing quality customer service, enabling growth and supporting their staff. This move will give businesses the breathing space and flexibility they need at this crucial time and ensure that our future system for product safety marking is fit for purpose, providing the highest standard for consumers without harming businesses.”

To support manufacturers, the government is also reviewing the wider product safety framework in an attempt to “minimise the burdens on business”.

There will be different rules for medical devices, construction products, cableways, transportable pressure equipment, unmanned aircraft systems, rail products and marine equipment. Government departments responsible for these sectors are making sector specific arrangements.

To extend the deadline, the government has laid secondary legislation before Parliament which, subject to parliamentary approval, will implement these measures.

Under the terms of the protocol agreement, Northern Ireland will continue to recognise the CE marking for goods placed on the market in Northern Ireland. They will need to use the UKNI marking if they use a UK Conformity Assessment Body to test their products.

The extension of the switchover follows industry lobbying that the whole system was about to collapse into chaos as there were simply too many products requiring re-certification. Among those pressing for this further postponement was the Construction Leadership Council (CLC). On 26^th October CLC co-chair Mark Reynolds and Construction Products Association chief executive Peter Caplehorn warned the new government of Rishi Sunak of the minefield ahead.

“The Construction Products Regulations UK (CPR) were adopted into the UK from the original EU regulations as part of the Brexit negotiations,” they wrote in a letter to ministers. “These regulations are specific to construction products, with separate provisions and definitions from the wider product regulations used in the wider economy. The CA mark and transition arrangements from CE remains unclear and the UK testing capacity has not been able to scale up to meet the demands.

“Not all products are affected but many of the most important to construction are, such as glues and sealants, glass, insulation, radiators and passive fire protection to name a few, which are all necessary to deliver the new homes, schools and hospitals the country needs.

Approximately 28% of products are imported and half of that from the EU and therefore these products are also affected. As a result, many global manufacturers now regard the UK as just too difficult to do business with, which has resulted in products being withdrawn – impacting on the UK’s ability to deliver completed projects.

“We have previously proposed a number of solutions that can be put in place for the short and medium term, while the complexities are considered and resolved in the longer term. “Therefore, we urgently ask you to consider:

1. Suspend the implementation of UK CA marking for at least 2 years.
2. Establish a joint working party between government and the construction sector to plan a transition to the new arrangements.”

They have now got the delay that they wanted and it is to be assumed that work will now be done to improve the transition plan.

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