General Requirements

The Regulations make it an offence for a ‘responsible person’ to supply machinery, partly-completed machinery or safety components unless they comply with the Regulations, (i.e. they have the requisite technical file, Declaration of Conformity, EC Type-examination certificate, Declaration of Incorporation as appropriate), is UKCA / CE marked and is in fact ‘safe’.

UKCA / CE Marking

From 1 January 2021, machinery that is conformity assessed by a UK approved body should be UKCA marked, not CE marked. If the conformity assessment was carried out by a UK notified body and the CE marking was affixed to the fully made product before 1 January 2021, the CE marking can still be used. But it can only be placed on the GB market and must be placed on the GB market before 31 December 2021.

Where the machinery has been assessed by an EU notified body, manufacturers must continue to use the CE marking. These products may be placed on the GB market until 31 December 2021. Qualifying Northern Ireland goods complying with the legislation as it applies in Northern Ireland, including affixing the CE marking, may be placed on the GB market after 31 December 2021. See further detail in Section 11 on Qualifying Northern Ireland Goods.

Rules around physically affixing the new UKCA marking mirror those which currently apply for the application of the CE marking although, until 31 December 2022, the UKCA marking may be affixed to a label affixed to the machinery or a document accompanying the machinery, rather than being affixed to the machinery itself (even where it is otherwise possible to affix it to the equipment itself).

Part completed machinery (Declaration of Incorporation)

Because partly completed machinery is only intended to be incorporated into or assembled with other machinery, or partly completed machinery, it should not be CE marked.  Instead, the responsible person should complete a Declaration of Incorporation.  It is for the responsible person to CE mark the whole product at the point when it is placed on the market/put into service – the Declaration of Incorporation forming part of the technical file.

The Legislation and Brexit

The UK left the EU on 31st January 2020.  The CE marking system continued unchanged in the UK during the transition period described in the withdrawal agreement – this transition ended in December 2020.

The UK regulations set out a further “time-limited period” during which CE marking and UKCA marking will both be accepted.  This period ends in December 2021.

After that, UKCA marking will be required:

  • The “UK Conformity Assessed” UKCA logo will replace the CE logo
  • The UK Declaration of Conformity will replace the EU Declaration of Conformity, declaring conformity with the UKCA marking regulations instead of the EU directives and regulations.