“Common sense decision”: Industry welcomes Government’s decision to keep CE marking

The UK Department for Business and Trade has announced its intention to extend the use of CE marking for businesses indefinitely.

This extension will apply to 18 regulations owned by the Department for Business and Trade, covering a range of products, including electromagnetic compatibility, simple pressure vessels, radio equipment, ATEX equipment and PPE, among others.

The announcement follows extensive engagement with industry representatives and addresses a key request from businesses to alleviate burdens and promote growth in the UK economy.
 
The conformité européenne (CE) mark has been in use since 1993 to indicate that a wide range of products meet EU legal requirements and have undergone safety testing.

For goods sold in England, Wales, and Scotland, the CE mark was scheduled to be replaced by a new UKCA symbol from December 2024. 

This situation would have posed a challenge for manufacturers selling products in both Great Britain and the EU as they would have been required to meet two different sets of standards, leading to increased costs.

By allowing the continued use of CE marking alongside the UKCA (UK Conformity Assessed) marking system, the Government aims to prevent any uncertainty over regulations and provide businesses with the flexibility to choose the most suitable approach for their products.

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.”

Various industry stakeholders have welcomed the decision, citing benefits for businesses and enhancing confidence for investment in the UK market. 

Stephen Phipson, CEO of Make UK, commented: “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 indefinite delay represents a climbdown from the Government’s plan for the UK ‘to reclaim control’ of its product regulations following Brexit. Despite the Government’s repeated insistence that UKCA marking would ensure that regulations cater to the interests of British businesses, industry has generally rejected this notion, labelling it a burdensome and costly diversion. 

The implementation of the UKCA mark had already experienced three prior delays since the EU-UK Trade and Cooperation Agreement took effect in January 2021. Despite being welcomed by industry, the delayed execution of this latest decision is sure to have already significantly cost many UK businesses who have allocated substantial financial resources in preparation for the previously stated deadline. 

"This has been an area of policy which has been typified by last-minute policy changes, creating unnecessary uncertainty and cost," said Phipson.

In addition, two sectors – construction products and medical devices – were notably not covered by the announcement. This has led to some confusion, with the British Healthcare Trades Association also calling for “urgent clarification” on the sector’s future. 

Despite these challenges, the decision to extend the use of the CE mark is a welcome one for industry. Moving forward, it will be crucial for the Government to provide clarity and certainty to all sectors to ensure a smooth transition and continued growth in the UK economy.

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