G/TBT/N/GBR/49  
23 June 2022  
(22-4875) Page: 1/3 
Committee on Technical Barriers to Trade  Original:  English  
 
  
NOTIFICATION  
The following notification is being circulated in accordance with Article 10.6  
 
1. Notifying Member:  UNITED KINGDOM  
If applicable, name of local government involved (Article 3.2 and 7.2):   
2. Agency responsible:   
The Department for Business, Energy and Industrial Strategy  
Name and address (including telephone and fax numbers , email and website 
addresses, if available) of agency or authority designated to handle comments 
regarding the notification shall be indicated if different from above:   
UK TBT Enquiry Point  
Trade Policy Group  
Department for International Trade  
Old Admiralty Building  
London  
SW1A 2DY  
TBTEnquiriesUK@trade.gov.uk  
3. Notified under Article 2.9.2 [  ], 2.10.1 [  ], 5.6.2 [  ], 5.7.1 [X],  3.2 [  ], 7.2 [  ], 
other :  
4. Products covered (HS or CCCN where applicable, otherwise national tariff 
heading. ICS numbers may be provided in addition, where applicable):  Products 
in scope can range from machinery good s and electronics devices to recreational craft, 
lifts, pressure equipment, and personal protective equipment among other product types 
covered by the European conformity marking (CE mark in most cases but also reversed 
epsilon). Such products are included  within, but are not limited to, the following HS codes: 
36, 39, 42, 63, 64, 65, 70, 73, 76, 84, 85, 86, 87, 88, 89, 90, 91, 94, 95, 96. More detail 
on product coverage can be found in the relevant legislation outlined in annex A of the 
document accompanyi ng this notification.  
5. Title, number of pages and language(s) of the notified document:  The Product 
Safety (Amendment) Regulations 2022.; (8 page(s), in English)  
6. Description of content:  This measure will allow completed conformity assessment 
activities for CE marking undertaken before the end of 2022 to be valid for manufacturers 
to use as a basis for UKCA, for the duration of the certificate issued or until 31 December 
2027 (whichever is  shorter). It will also allow ongoing activities related to that completed 
conformity assessment activity (e.g. annual inspections) to continue for the duration of 
the certificate issued or until 31 December 2027 (whichever is shorter).  
The measure will a lso extend current legislation allowing importer information and the 
Great Britain conformity marking (generally UKCA) to be added to products using a label 
or accompanying document, rather than being physically marked on the product itself, 
until 31 Decem ber 2025.  G/TBT/N/GBR/49  
 
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  7. Objective and rationale, including the nature of urgent problems where 
applicable:  In 2020, the UK Government introduced legislation which set up the UKCA 
system but provided for a transitional arrangement to continue accepting products which  
fulfilled EU requirements until 11pm on 31 December 2021, for most goods covered by 
the new UKCA marking regime, to support businesses in the transition following the UK's 
withdrawal from the EU. It also provided that, until 31 December 2022, importer 
information can be added to certain products using an accompanying document.  
Due to the challenges businesses have faced as a result of COVID -19, and the need for 
further measures to improve conformity assessment capacity in the UK, the UK 
Government introduc ed a further amendment to UK legislation in 2021 which included an 
extension to the acceptance of EU product requirements for a further 12 months, as well 
as an extension of the time in which the UKCA marking  can be affixed to certain products 
using a label or accompanying document, until 31 December 2023. This amendment was 
notified to the WTO TBT Committee on 25 August 2021 in notification G/TBT/N/GBR/42.  
The UK Government will be introduc ing legislation to reduce conformity assessment re -
testing and re -certifying costs, and to extend existing labelling easements. We are 
introducing these trade facilitating measures to ensure goods can continue to circulate on 
the market in Great Britain (G B) safely, and in compliance with GB requirements, and to 
avoid potential economic disruption from 1 January 2023, when recognition of the EU's 
CE mark will have ceased for most product sectors.  
We are notifying now to provide some time for comments ahead of the date of laying 
legislation before Parliament (expected in autumn 2022).  
We expect that the legislation will come into force at 11pm on 31 December 2022.  
We are notifying and publishing these measures to address urgent problems of public 
safety and n ational security, as per articles 2.10.1, 5.7.1 and 5.9 of the WTO TBT 
Agreement:  
• public safety  - non-compliant but otherwise safe goods may be prevented from being 
placed on the GB market from 1 January 2023 due to potential difficulties getting the 
UKCA marking resulting from conformity assessment body capacity challenges and costs 
for businesses; or there may be shortages of goods where the UKCA marking cannot be 
accessed.  
• national security  - many goods covered by the UKCA regime are used in critical national 
infrastructure and key industries.  
In addition, it is useful to note that these measures are trade liberalising, rather than 
restrictive measures, and are transitional and time -limited in nature. ; National security 
requirements; Protection of human health or safety  
8. Relevant documents:   
The effect of the importer information and UKCA labelling measure is the same as 
introduced by the Product Safety and M etrology etc. (Amendment etc.) (EU Exit) 
Regulations 2019  as amended by the Product Safety and Metrology etc. (Amendment 
etc.) (UK(NI) Indication) (EU Exit) Regulations 2020 ; and the Product Safety and 
Metrology etc. (Amendment) Regulations 2021  across the wide array of goods covered 
by the regulations listed in Annex A of the document accompanying this notificat ion.  
Link to announcement: https://www.gov.uk/government/news/government -to-make -it-
simpler -for-business es-to-apply -new-product -safety -markings  
Guidance: Using the UKCA marking  
The document accompanying this notification includes:  
The text of the measure  
The list of regulations covered by th is measure (Annex A)  
An example amendment in tracked changes (Annex B)  G/TBT/N/GBR/49  
 
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  9. Proposed date of adoption:  The instrument is planned to be adopted between 22 
September and 14 December 2022.  
Proposed date of entry into force:  11pm on 31 December 2022.  
10. Final date for comments:  60 days from notification  
11. Texts available from:  National enquiry point [ ] or address, telephone and fax 
numbers and email and website addresses, if available , of other body:   
UK TBT Enquiry Point  
Trade Policy Group  
Department for International Trade  
Old Admiralty Building  
London  
SW1A 2DY  
TBTEnquiriesUK@trade.gov.uk  
https://members.wto.org/crnattachments/2022/TBT/GBR/22_4242_00_e.pdf