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Mon April 29 2024

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Government U-turns to save the CE mark

1 Aug 23 The Department for Business & Trade has today announced ‘an indefinite extension’ to the use of CE marking for UK businesses.

The UKCA mark - no longer mandatory
The UKCA mark - no longer mandatory

Manufacturers will now be allowed to keep using CE marks and not have to switch over to its supposed Brexit replacement, the UKCA.

They can use UKCA if they want, but there is no longer any obligation to switch, the Department for Business & Trade said.

The Department for Levelling Up, Housing & Communities (DLHC), which is responsible for construction products, has yet to issue a statement on the matter.

The replacement of Conformité Européenne, or CE, marking to the new United Kingdom Conformity Assessed (UKCA) mark had originally been 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.

The transition was then put back to June 2024. 

However, construction products have been treated differently by the government.  DLUHC stated in December 2022(which is the latest update on the matter on its website): “Our intention is to end recognition of the CE mark in GB on 30 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.”

But it now appears that that legislation is not going to get laid – at least not by the Department for Business & Trade

The Department for Business & Trade today justified its 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”.

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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.”

This is the same government that came up with the idea in the first place and still thought it was a good idea just six months ago.

Stephen Phipson, chief executive of Make UK, the manufacturers’ trade body, 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.”

It is not clear why anyone would choose UKCA certification over CE certification unless they had absolutely no aspirations ever to export.

However, the Federation of Small Businesses (FSB) appears to think that UK companies will eventually prefer to use UKCA rather than CE marking once they have had enough time. FSB policy chair Tina McKenzie said: “It’s welcome to see the continued recognition of CE marked products. This will allow time for small firms to adjust to the UKCA marking system and focus on growing their business both at home and overseas.”

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