NEW PRODUCT MARKINGS AND
CONFORMITY ASSESSMENT
IFrequently Asked Questions (FAQs)I
The purpose of this guide is to answer questions on two product marking requirements for businesses placing
goods on the UK market.
The UKCA (UK Conformity Assessed) marking is the new product marking required to demonstrate that certain
goods are compliant with the UK rules and can be placed on the market in Great Britain (England, Wales andScotland); it covers goods that previously required the CE marking.
These FAQs do not cover regulations for medical devices, rail interoperability, construction products, civil
explosives, and products requiring eco-design and energy labelling on the market. Guidance on these can befound here: medical devices, rail interoperability, construction products, civil explosives, and products
requiring eco-design and energy labelling).
The UKNI (United Kingdom Northern Ireland) marking is the new conformity marking for products placed on themarket in Northern Ireland but only where a UK based conformity assessment body has been used; it also covers
goods that continue to require the CE marking. It is used alongside the CE marking for goods which haveundergone mandatory third-party conformity assessment by a conformity assessment based in the UK (a UK‘notified body’). Goods with the CE+UKNI marking cannot be sold in the EU. The CE marking is still accepted in
Northern Ireland for self-declared and EU Notified Body assessed goods.

IPART 1: REQUIREMENTS FOR UKCA MARKED PRODUCTSI
1. Does my product require the UKCA marking for the GB market?
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Generally, if a product previously required the CE marking, it would require the UKCA marking for the
GB market (England, Wales and Scotland).
Aerosol containers (which previously required the reverse epsilon marking) will require the UKCA
marking.
You can find the UK legislation covering products that require the UKCA marking on our GOV.UK
guidance page: Placing manufactured goods on the market in Great Britain.
For more information and a list of guides on specific product safety and metrology regulations forbusinesses, see Product safety and metrology from 1 January 2021: Great Britain.

2. Where can I find guidance on the new UK domestic regime and the UKCA requirements?
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Placing manufactured goods on the market in Great Britain here.
Using the UKCA marking here.
UK Conformity assessment here.
Placing goods on the market in Northern Ireland here.
Using the UKNI marking here.
For guidance on moving goods between NI and GB and vice versa here.

3. What are the timings for the UKCA marking?
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Until 1 January 2023
CE marked goods in the scope of this guidance that meet EU requirements (where these match UK
requirements) can continue to be placed on the GB market until 1 January 2023. However, we strongly
encourage all businesses to start using the UKCA marking as soon as possible.

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From 1 January 2023
Businesses must use the UKCA marking in most cases from 1 January 2023 if your product:o Is being placed on the market in Great Britain; ando Is covered by legislation which requires the UKCA marking.
There are exceptions and alternative guidance for medical devices, rail interoperability, construction
products, civil explosives, and products requiring eco-design and energy labelling), for others pleasecheck the Product safety and metrology from 1 January 2021: Great Britain.

4. Whose responsibility is it to ensure that products have the UKCA marking? The importer, manufacturer, or
distributor?
Responsibility rests with the manufacturer, importer or distributor (the relevant economic operators) at various
stages. The UKCA marking is affixed by the manufacturer or their authorised representative.

Manufacturer:o By attaching the UKCA marking, the manufacturer declares that the product conforms to UK
legislative requirements including that the required conformity assessments have been
completed.
Importer:o When placing goods on the GB market, importers will need to make sure that the goods conformto UK legislative requirements, including that the required conformity assessment procedures
have been carried out and that goods have the correct conformity markings.
o Importers must make sure that the manufacturer has drawn up the correct technicaldocumentation and complied with the labelling requirements. Importers must also label the
product with their own name and address.
Distributor:
o Distributor status carries certain obligations such as taking due care to ensure that the products
meet the legislative requirements as well as checking that products are accompanied by therequired conformity marking and documentation.
Care must be taken by the relevant economic operator (manufacturer, importer, or distributor) toensure the product bears the UKCA marking and, in the case of manufacturers, to affix it.
5. Can you define ‘Placing on the market’?
A product is placed on the market when there is an offer or an agreement, verbal or written for the transfer ofthe ownership, possession or any other kind of right, excluding intellectual property rights, concerning the
product. It does not therefore require the physical transfer of the product.

••The proof of placing on the market can be contained in contracts of sale, invoice, shipping documents
or similar commercial documents.
See Placing manufactured goods on the market in Great Britain.

6. What is the status of ‘existing CE stock that has not been placed on the market after 2022 in Great Britain?
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Goods placed on the GB or EU market placed on the market with the CE marking before 1 January 2023
can continue to circulate until it’s end user.
Under the Northern Ireland Protocol, Qualifying Northern Ireland Goods which bear the CE marking cancontinue to be placed on the GB market.

7. If there has been a change of ownership to a GB company, of a product before 01/01/22 but the product isheld in a warehouse outside the UK can it still be imported into GB with a CE mark after•

Yes, the product can be imported into GB with a CE mark. The key point here is that a good must be
UKCA marked when it’s placed on the market. Placed on the market is defined as when there is a written
or verbal agreement, for a fully manufactured good or an individual good that is "placed on the market.
This does not necessarily require the transfer of the item physically.

8. What do businesses need to do to use the UKCA marking?
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Businesses will need to identify if their product needs UKCA marking.
Then businesses need to check whether their products need third party conformity assessment or are
subject to self-declaration.
Where self-declaration is permitted, businesses must draw up a UK Declaration of Conformity and keep
technical documentation. This must contain all relevant information about how you ensured that yourproduct meets the requirements.
Where products require third party conformity assessment, these products will need to be assessed bya UK based approved body to be placed on the GB market from 1 January 2023.

9. Can businesses dual mark their product?
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Both the CE and UKCA mark can be placed on a product so long as neither impedes the visibility of theother. The relevant regulatory requirements must be met for both markets.

10. Is the UKCA required for goods requiring conformity to the Ecodesign regulations?
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Some products require UKCA marking to conform with Ecodesign regulations. If businesses are unsure
if this applies to their products, Part 2 of the 2010 Ecodesign regulations lay out the requirements for
CE and UKCA marking. These regulations are amended by Schedule 1 of our 2019 EU Exit SI with further
changes relating to the UKNI mark laid out in Part 3 of our 2020 EU Exit SI.
However, products placed on the GB market do not have to bear the UKCA marking until 1 January
2023. The CE marking may continue to be used until 1 January 2023 more information can befound here.

IPART 2: REQUIREMENTS FOR NORTHERN IRELAND MARKED PRODUCTSIGENERAL APPLICATION OF THE UKNI MARKING
11. When do I need to apply the UKNI marking to my product?
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From 1 January 2021, you need to use the UKNI marking if you are placing certain goods on the
Northern Ireland market (mostly goods subject to the CE marking and aerosol containers) where thegoods:
o require mandatory third-party conformity assessment, and this has been undertaken by a UK
notified body.
o The UKNI marking must accompany the relevant EU conformity mark, usually the CE marking.

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The UKNI marking does not apply if:o you use an EU notified body, in which case you only apply the relevant EU conformity mark.
o if your products do not require third-party conformity assessment, meaning they can be selfdeclared.

PLACING GOODS FROM GB into NI MARKET
12. Will UKCA marked goods be accepted on the NI market without the UKNI marking?
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No, the valid markings for placing goods on the NI market are the CE marking or the CE + UKNI markings.
The UKCA marking can appear alongside the CE or the CE + UKNI markings if you are planning on sellingyour good on the GB and NI market and both sets of relevant rules have been met.
A product may bear additional markings, if:o they fulfil a different function from that of the CE marking,o are not liable to cause confusion with it, ando do not reduce its legibility and visibility.
Additional marks must not affect the legibility, visibility or meaning of the CE or CE + UKNI marking.
More information on this can be found here.

13. What is the role of importers and distributors from 1 January 2021 for selling on the NI market?
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The Northern Ireland Protocol came into force on 1 January 2021. The effect of the Protocol is that
Northern Ireland aligns with all relevant EU rules relating to the placing on the market of manufactured
goods. This means that, where a business already holds the relevant approvals that goods meet EU
rules, and continues to produce goods to those rules, this continues to provide the basis for placing
goods on the market in Northern Ireland.

An importer is the one based in NI (or an EU/EEA county) bringing goods into Northern Ireland from either GreatBritain or another non-EEA country and placing them on the Northern Ireland market for the first time. If those
goods have already been placed on the EU or NI market (for example by an EU-based importer, manufacturer
or their Authorised Representative) then you do not need to take action.
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An importer will need to make sure:o goods conform with the relevant essential requirements.

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goods are labelled with the details of the importer who must be based in Northern Ireland or
the EEA. These details include the company’s name, or registered trademark, and a contact
address.
the correct conformity assessment procedures have been carried out and that goods have thecorrect conformity markings.
the manufacturer has drawn up the correct technical documentation and complied with thelabelling requirements.
they maintain a copy of the EU Declaration of Conformity for a period of 10 years.

PLACING GOODS FROM NI ON THE GB MARKET
14. Will products marked UKNI be accepted on the rest of the UK market?
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The UK Government has committed to delivering unfettered access for qualifying Northern Ireland
goods and businesses to the rest of the UK internal market from 1 January 2021.
This ensures that trade from Northern Ireland to Great Britain continues for those businesses as it doesnow.
This includes accepting qualifying NI goods lawfully bearing a CE or CE+UKNI marking as valid for the
rest of the UK market. More information on qualification can be found here.

15. Can CE marked products manufactured in NI be placed on the GB market without the application of the
UKCA marking?
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The UK Government has guaranteed unfettered access for Northern Ireland goods and businesses tothe rest of the UK market, which means qualifying NI goods lawfully carrying the
CE marking or the CE + UKNI markings will be accepted on the GB market (Scotland, Wales, England)
without the need for additional markings or approvals.
You can read more about placing qualifying Northern Ireland goods on the GB market here.

16. Can I use conformity assessment bodies based anywhere in the UK to certify my product for the NI market?
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Yes. Conformity assessment bodies in the UK automatically retained their status as Notified Bodies for
placing products on the NI market only (as per Article 7(3) of the Northern Ireland Protocol).
UK-based bodies will keep the same 4-digit identification number as they have now.
UKMCAB lists the UK Notified Bodies who can provide conformity assessment for goods placed on the
NI market.
If an EU assessment body certifies your product, it will carry the CE marking. If you are using a UK
notified body to carry out mandatory third-party conformity assessment, then you also need to apply
a UKNI marking (sometimes referred to as the UK(NI) marking or the UK(NI) indication) alongside theCE marking.
You never apply the UKNI marking on its own - it always accompanies an EU conformity marking, suchas the CE marking. Goods with the CE and UKNI marking cannot be placed on the market in the EU.

17. What requirements must an importer meet when placing goods on the NI market?
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To place goods on the Northern Ireland market for the first time, an importer will need to be in either
Northern Ireland or the EU, or in some cases, in the EEA. This requirement needs to be met whenbringing goods from GB into NI. If those goods have already been placed on the EU or NI market (forexample by an EU-based importer, manufacturer or their Authorised Representative) then you do notneed to take action.
NI-based manufacturers, distributors and fulfilment service providers (from 16 July 2021) have different
responsibilities and you should check the gov.uk guidance and check sector specific legislation.

IPART 3: EU REQUIREMENTS FOR CE MARKED PRODUCTSI
18. What must I do to continue selling my good into the EU/EEA as my current UK-based conformity
assessment body cannot provide certification for the CE marking?
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If EU legislation requires mandatory third-party conformity assessment for your product, you will needto make arrangements to get certification for the EU/EEA.
Check whether your UK approved body has arrangements in place to help you get certification for
the EU market. This may mean you can export to the EU without needing to find a new EU notified
body yourself.
If not, you need to either:o get your products assessed by an EU recognised notified body; oro arrange for information held by your existing UK approved body to be transferred to
an EU recognised notified body so they can issue you with an additional certificate.
EU notified bodies continue to be listed on NANDO.

19. Do my goods need to be labelled with my importer’s name and address?
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Where there is an EU importer, the importer needs to make sure goods are labelled with their details(or the importer’s authorised representative) who must be based in Northern Ireland, the EU, or the
EEA.
These details include the company’s name, or registered trademark, and a contact address.
Since 16 July 2021, you will need to make sure that there is an economic operator based in the EU or
NI to be able to undertake certain task, which may mean you need to appoint an authorised
representative based in the EU or EEA if you sell goods without using an importer or fulfilment service
provider. For example, if you sell online and ship directly to the end user.

20. Do I need to appoint an Authorised Representative to sell my goods in the EU?
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Manufacturers can appoint Authorised Representatives (ARs) to carry out tasks on their behalf.
Generally, the appointment of an authorised representative is optional for CE marked goods, but you
will need to check the specific legislation that applies to your product to confirm whether
you are required to appoint an AR, as for some goods it will be compulsory to have an economic
operator based in the EU (or NI) since 16 July 2021; from this date “economic operator” includes
fulfilment service providers, as well as manufacturers, their authorised representatives, importers anddistributors, if there is no other economic operator based in the EU or NI, you may need to appoint an
AR.
It is mandatory for some products in cases where the manufacturer is not based in an EU country.

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In all cases, whether compulsory or voluntary, ARs based in Great Britain are no longer recognised by
the EU. If you are required to by the relevant EU legislation, you will need to appoint an AR based in
the EU, EEA, or Northern Ireland.

21. Can I place the CE marking on my good as well as the UKCA marking?
••Yes, you can place the UKCA and CE marking on the same product if it is destined for both markets solong as the product meets the relevant regulatory requirements for both markets. You can find EU
legislation here. Relevant UK legislation can be found here.
A product may bear additional markings if they:o fulfil a different function,o are not liable to cause confusion with it, ando do not reduce its legibility, visibility or meaning.

IPART 4: CONFORMITY ASSESSMENTI
22. Who can sign a Declaration of Conformity?
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As a manufacturer, it is your responsibility to sign the Declaration of Conformity.
Depending on the conformity assessment procedure and the relevant legislation, an authorised
representative may be permitted to draw up and sign the declaration of conformity.

23. Where can I find a UK Approved Body (formerly Notified Body) for my good?
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From 1 January 2021 UK-based notified bodies (NBs) automatically became UK approved bodies.
UK approved bodies are listed on the UK Market Conformity Assessment database (UKMCAB): here.

24. Can I self-declare my good?
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If before the end of the transition period EU legislation allowed for self-assessment of conformity for
the CE marking, the law allows self-declaration for the UKCA marking.
If that is the case, the manufacturer can affix the UKCA marking and draw up the UK Declaration ofConformity.
This can be done even when they are not based in the UK, please see here.

25. What are the requirements for a Declaration of Conformity for a product manufactured in Northern
Ireland?

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Where third party conformity assessment is required, manufacturers will be able to have a certificate
of conformity issued by a UK-Notified Body that will enable them to apply the CE and UKNI marking(together) or an EU based notified body that will enable them to apply the CE marking.

•If you are a manufacturer based in Northern Ireland (or are the manufacturer’s authorised
representative), and you currently mark your goods based on a supplier’s declaration of conformity,
sometimes known as ‘self-certifying’ or self-declaring, you may continue as before the UK left the EU
on 31 December 2020.

•Your EU Declaration of Conformity should contain the following information:oYour name and full business address or that of your authorised representative (authorised
representative must be based in the NI or the EU for goods placed on the market in NI).

oThe product's serial number/model/type identification.

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A statement, stating you take full responsibility (to be completed once the products havepositive conformity assessment).

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For some products you are required to include a product description/image.

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The details of the conformity assessment body which will be carrying out the conformity
assessment procedure (refer to step 2 for appropriate conformity assessment body for yourchosen market).

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The relevant EU legislation.

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If applicable list the Harmonised Standards or other means used to prove compliance.

oYour name and signature.

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The date the declaration was issued.

oSupplementary information (if applicable).

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The EU Declaration of Conformity must be available to market surveillance authorities upon request.

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For products that are placed on the NI market from any country outside the EU/EEA, the NI or EU-based
importer must retain a copy of the EU Declaration of Conformity. This includes products brought into
NI from Great Britain, as Great Britain is treated as third country under the relevant EU legislation thatapplies in NI. The manufacturer or their authorised representative (where applicable) must also retain
a copy of the EU Declaration of Conformity.

26. Where a product type has been approved prior to 1st Jan 2021, will each individual product produced
after the 1st of January 2023 need certification for the GB market?
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Placing goods on the market refers to each individual good, not a type of good. Therefore,
from 1 January 2023, individual goods that are placed on the GB market will need to be certified by a
UK approved body.

27. If a standard has diverged, will the product still require UKCA marking?
• The UKCA marking is recognised as demonstrating compliance with UK regulations for products being
placed on the Great British market. Regardless of the standard divergence, businesses will be required
to attach the UKCA marking.
• Following 1 January 2021, the UKCA marking is now recognised as demonstrating conformity for the
GB market for most goods currently subject to the CE mark.

IPART 5: IMPORTER OBLIGATIONSI
28. Is there a transitional measure in place for attaching the importer’s name and address to the good in theUK?
Until the 1 January 2023, you can provide these details on the accompanying documentation rather than on
the good itself when they are coming from the EEA, or Switzerland.

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Different rules apply for medical devices, rail interoperability, construction products, civil
explosives, and products requiring eco-design and energy labelling), for others please check the
Product safety and metrology from 1 January 2021: Great Britain.

29. Does an importer need to be a UK based entity?
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To place goods on the GB market, the importer needs to be based in the UK – this includes Northern
Ireland.
To place goods on the NI market, the importer and the manufacturer’s authorised representative need
to be based in NI, the EU, or the EEA.
For goods placed on the GB market, the importer is the first UK-based entity to place a product on the
GB market from outside the UK (this includes a business based in NI who places a product on the GB
market which has been supplied to them from an EU country).

30. Can an importer act as an importer for customs purposes, or does the importer definition vary for placing
goods on the market?
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For the purposes of customs, an importer can either be the owner of the goods being imported, or
anyone that has a beneficial interest in the goods being imported. Whereas, for the purposes of placing
goods on the UK market, an importer is anyone who brings a third country's product into the UK and
supplies it on the UK market.
The importer needs to be based in the UK, and in most cases, to have their name and address on
products and maintain copies of technical documentation related to products they import.
Please check the Product safety for businesses guidance to see if that applies to your product.

IANNEX AI
Manufacturer

The manufacturer is anyone who manufactures a product or has a product designed
or manufactured and markets that product under its name or trademark.

Importer

The importer is a person who is established in the relevant market and is the firstto place goods from an external market onto the market that they operate in.

Distributor

The distributor is a person, other than the manufacturer or the importer, who makes
goods available on the market.

Authorised
representative

An “authorised representative” means a person or business appointed and mandated
by the manufacturer to undertake specified tasks on behalf of the manufacturer.
There are rules as to where an authorised representative (AR) must be established –for the GB market the manufacturer’s AR must be established in the UK; for the NI
market and AR must be established in NI or the EU/EEA.

Fulfilment
providerA “fulfilment service provider” is legally defined by Regulation (EU) 2019/1020 (which
will apply in NI and the EEA since 16 July 2021), as follows “any natural or legal person(business) offering, in the course of commercial activity, at least two of the following
services: warehousing, packaging, addressing and dispatching, without having
ownership of the products involved, excluding postal services as defined in point 1 of
Article 2 of Directive 97/67/EC of the European Parliament and of the Council (31),parcel delivery services as defined in point 2 of Article 2 of Regulation (EU) 2018/644
of the European Parliament and of the Council (32), and any other postal services orfreight transport services”; as yet there is no legal definition of “fulfilment service
provider” for the purposes of GB product safety legislation.

service