Earlier today we reported that the Department for Business & Trade (DBT) had performed a dramatic U-turn on its post-Brexit product conformity certification regime.
However, we have now received confirmation from DBT that while the change in policy includes construction machinery, it does not extend to construction products, which remain under the remit of the Department for Levelling Up, Housing & Communities (DLUHC).
DLUHC has yet to comment on DBT’s policy switch.
Its latest position remains that announced in December 2022: “Our intention is to end recognition of the CE mark in GB on 30th June 2025. Current rules, which allow for continued recognition of the CE mark, will remain in place until legislation is laid to end recognition of the CE mark.”
That remains the case for construction products as of now. However, there are still no firm plans for the legislation to be laid.
But while DLUHC remains committed to the replacement of Conformité Européenne, or CE, marking, with the new United Kingdom Conformity Assessed (UKCA) mark, DBT has given up on it. It justified the U-turn as “part of a wider package of smarter regulations designed to ease business burdens and help grow the economy by cutting barriers and red tape”.
Business minister Kevin Hollinrake said: “The government is tackling red tape, cutting burdens for business, and creating certainty for firms – we have listened to industry, and we are taking action to deliver. By extending CE marking use across the UK, firms can focus their time and money on creating jobs and growing the economy.”
The two government departments were initially in lockstep on the replacement of CE with UKCA. The switchover was originally scheduled for the end of 2021. It was then extended until the end of 2022 after industry told government that there was not capacity to test and certify the zillions of products that were required to comply.
It was only last December that the two departments took a different path. DBT set a new deadline of June 2024; DLUHC went for June 2025.
Stephen Phipson, chief executive of Make UK, the manufacturers’ organisation said: “This is a pragmatic and common sense decision that manufacturers will very much welcome and support. This announcement will help safeguard the competitiveness of manufacturers and aid the UK as a destination for investment.
“It should bring more confidence about doing business in the UK and recognises the need to work with the reality of doing business. Make UK has worked extensively with UK government pushing hard for this decision and we are pleased the ongoing engagement has delivered this positive outcome.
“The extension will provide businesses with flexibility and choice to use either the UKCA or CE approach to sell products in Great Britain.”
That flexibility is not being extended to construction product manufacturers, however.
Construction Products Association chief executive Peter Caplehorn said: “We fear that policy makers do not fully understand or appreciate the gravity of this policy position not only for our sector and the construction industry, but indeed for any government ambitions related to the UK’s housing, schools, hospitals, infrastructure and wider built environment.
“The CPA has long argued that every day that manufacturers have to wait for clarification from government causes more damage. This uncertainty has exacerbated product availability issues, led to UK and foreign manufacturers pulling products from the UK market, diminished investment and R&D, and therefore negatively impacted jobs and the ability of the product sector to support the UK construction industry every day.
“We hope that today’s announcement reflects a new appreciation by policy makers of the cost and burden caused by the [UK]CA mark scheme. We will appreciate further discussions with the government to ensure the UK construction products sector sees similar clarity very soon.”
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