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Good News on CE Marking Rules for Devices and Equipment Suppliers

on Friday, 27 August 2021.

The Department for Business, Energy & Industrial Strategy has updated its guidance to extend the period in which CE product markings could be acceptable for manufactured goods placed on the market in Great Britain.

It had previously been due to expire on 1 January 2022 (except for medical devices, where certificates issued by EU-recognised Notified Bodies continue to be valid for the Great Britain market until 30 June 2023), but it has now been extended until 1 January 2023 to give businesses more time to adapt to the new rules.

After the transition period ended on 31 December 2020 following the UK's departure from the European Union, the UK brought in a new product safety marking regime, the UKCA mark. For a short period, Great Britain businesses could choose either method - the new UKCA mark or CE - as they acclimatised to the new regime.

The situation is different from the rest of the UK in Northern Ireland, which can still use the CE mark.

A CE marking is the claim from the manufacturer that its product meets all the essential safety requirements in accordance with EU laws.

Until 1 January 2023 (or 30 June 2023 for medical devices), the CE marking may continue to be used in Great Britain if any of the following applies:

  • The CE marking is currently applied to the goods on the basis of self-declaration.
  • Any mandatory third-party conformity assessment was carried out by an EU-recognised notified body (including a body in a country with which the EU has a relevant mutual recognition agreement).
  • The certificate of conformity previously held by a UK approved body was transferred to an EU-recognised notified body before 1 January 2021.

Unless there is a further extension, the UKCA marking will need to be used when placing goods on the UK market from 1 January 2023 (and 30 June 2023 for medical devices).

If you are affected by this issue, please contact Paul Gershlick in our Commercial Law team on 07795 570072, who will be happy to support you. Alternatively, complete the form below.

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