United Kingdom Approved Designating UK(NI) as Conformity Mark for Products in Northern Ireland Market

On 18 December 2020, the Secretary of State of the United Kingdom has published S.I. No. 1460 of 2020 The Product Safety and Metrology etc. (Amendment etc.) (UK(NI) Indication) (EU Exit) Regulations 2020, which introduces the UK(NI) Mark for products to be marketed in Northern Ireland, and provides transitional provisions for placing products based on the EU law on the UK market.

UK(NI) Mark

According to the Protocol on Ireland/Northern Ireland to the Withdrawal Agreement, the provisions of certain EU law related to consumer products like toys, personal protective equipment and RoHS shall apply to Northern Ireland. As a result, the conformity mark used in Northern Ireland (i.e. CE Mark) will be deviated from that used in Great Britain (England, Wales and Scotland) (i.e. UKCA Mark).

According to the new regulations, for products to be placed on the market of Northern Ireland, if a CE Mark is affixed based on an assessment or a certificate issued by a UK notified body, the UK(NI) Mark shall be affixed as well.

The UK(NI) Mark will be in the form as shown below. Unless specified by other regulations, it shall be at least 5 mm high. It can be reduced or enlarged, but the proportions shall be respected.

In short, when placing products which require conformity mark by law on the Northern Ireland market,

1. Both CE Mark and UK(NI) Mark are required, if using a UK conformity assessment body;
2. Only CE Mark is required, if using an EU conformity assessment body.

Only products that are classified as “qualifying Northern Ireland goods” and labelled with the appropriate conformity mark(s) as mentioned above, can be placed on the Great Britain market.

Note:

“Qualifying Northern Ireland goods” means goods which are:

1. Present in Northern Ireland and are not subject to any customs supervision, restriction or control which does not arise from the goods being taken out of the territory of Northern Ireland or the European Union; or
2. NI processed products Details can be referred to SI 2020 No. 1454 The Definition of Qualifying Northern Ireland Goods (EU Exit) Regulations 2020.

Summary on CE, UKCA and UK(NI) Marks

The UK Government has published guidance on conformity mark labelling. Here is a summary table extracted from the official information:

The Department for Business, Energy and Industry Strategy. (2020). Guidance – Using the UKNI marking from 1 January 2021 [Online].

Transitional arrangements

1. The UKCA Mark may be affixed to a label on the product or an accompanying document instead of locations as required by the respective regulations until 31 December 2022.
2. For products imported from an EEA state and placed on the UK market, the exemption from labelling the importer’s name and address will be extended to 31 January 2022.

Additional information on UK product safety regulations

Since the UK shall amend all related legislations for the new situations and their implementations for the Brexit. The Secretary of State has published “The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019” and cited it as SI No. 696 of 2019 to amend the existing Acts and Regulations relating to product safety and metrology for the purposes. The affected regulations are shown below, here is the highlight:

General:

1. The EU no longer recognises UK based Notified Bodies, so they become UK Approved Bodies to provide conformity assessments.
2. A new UKCA conformity mark (see below) replaces the CE marking for products placed on the UK market which have been assessed by a UK Approved Body (or by non-EU 3rd country CABs, where an agreement exists).
3. The enforcement authority has been changed from the EU Commission to UK Department for Business, Energy and Industrial Strategy (BEIS) under the Secretary of State.
4. BEIS has to establish and operate a database with information on market surveillance and product safety. An enforcement authority receiving a notification of risk is required to notify the BEIS through that database instead of EU Rapex database.
5. The EU term ‘placing on the market’ will mean the first making available of a product on the UK Market. “Making available” will refer to supply on the UK market.
6. To place products on the UK market, manufacturers must meet the requirements of the UK legislations.
7. The UK Designated Standards replace EU Harmonised Standards. Designated standards are standards which have been adopted by any of the following recognized standardization bodies and designated by the BEIS publishing a reference to them:
   • the European Committee for Standardization (CEN);
   • the European Committee for Electrotechnical Standardization (CENELEC);
   • the European Telecommunications Standards Institute (ETSI);
   • the British Standards Institution (BSI);

UKCA Conformity Mark:

Products that comply with the requirements of relevant legislations shall affix UKCA Mark, e.g., toys. You may refer to the guidance of using UKCA Mark.

1. UKCA Marking is needed when the product:
   1. Is for the market in Great Britain;
   2. Is covered by legislation which required the UKCA Marking;
   3. Requires mandatory third-party conformity assessment;
   4. Conformity assessment has been carried out by a UK conformity assessment body and the conformity assessment files have not been transferred from UK assessment body to an EU recognized body before 1 January 2021.
2. Requirements of the UKCA Mark:
   1. The illustration of UKCA Mark is:

      

   2. The height of the UKCA Mark shall be at least 5 mm. The reduction or enlargement of the UKCA Mark shall follow the proportion of the illustration.
   3. The UKCA Mark shall be visible and legible (from 1 January 2023 it must be permanently attached).
   4. When the products bear the UKCA Mark, the UK Declaration of Conformity shall be drawn up. Technical documentation shall also be prepared and kept for 10 years. Please note that the Technical documentation shall demonstrate that the product conforms with the regulatory requirements.
   5. Some specific terms currently used in EU Regulations or Directive shall be changed in UK Regulations. Here are some examples:

Amendments to the Acts and Regulations are depicted in different Schedules:

1. Schedule 1 Hallmarking Act 1973
2. Schedule 2 Weights and Measures Act 1985
3. Schedule 3 Consumer Protection Act 1987
4. Schedule 4 Measuring Container Bottles (EEC Requirements) Regulations 1977
5. Schedule 5 Measuring Instruments (EEC Requirements) Regulations 1988
6. Schedule 6 Weights and Measures (Intoxicating Liquor) Order 1988
7. Schedule 7 Lifting Operations and Lifting Equipment Regulations 1998
8. Schedule 8 Noise Emission in the Environment by Equipment for use Outdoors Regulations 2001
9. Schedule 9 General Product Safety Regulations 2005
10. Schedule 10 Offshore Installations (Safety Case) Regulations 2005
11. Schedule 11 Weights and Measures (Packaged Goods) Regulations 2006
12. Schedule 12 Supply of Machinery (Safety) Regulations 2008
13. Schedule 13 Aerosol Dispensers Regulations 2009
14. Schedule 14 Accreditation Regulations 2009
15. Schedule 15 Toys (Safety) Regulations 2011
16. Schedule 16 Explosives Regulations 2014 and associated provision relating to retained direct EU legislation
17. Schedule 17 Weights and Measures (Revocations) Regulations 2015
18. Schedule 18 Offshore Installations (Offshore Safety Directive) (Safety Case etc.) Regulations 2015
19. Schedule 19 Pyrotechnic Articles (Safety) Regulations 2015
20. Schedule 20 Electromagnetic Compatibility Regulations 2016
21. Schedule 21 Simple Pressure Vessels (Safety) Regulations 2016
22. Schedule 22 Lifts Regulations 2016
23. Schedule 23 Electrical Equipment (Safety) Regulations 2016
24. Schedule 24 Pressure Equipment (Safety) Regulations 2016
25. Schedule 25 Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations 2016
26. Schedule 26 Non-automatic Weighing Instruments Regulations 2016
27. Schedule 27 Measuring Instruments Regulations 2016
28. Schedule 28 Recreational Craft Regulations 2017 and related amendment
29. Schedule 29 Radio Equipment Regulations 2017 and related amendment
30. Schedule 30 Identification and Traceability of Explosives Regulations (Northern Ireland) 2013
31. Schedule 31 Making Available on the Market and Supervision of Transfers of Explosives Regulations (Northern Ireland) 2016
32. Schedule 32 Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations (Northern Ireland) 2017
33. Schedule 33 Regulation (EC) No 765/2008 of the European Parliament and of the Council setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93
34. Schedule 34 Regulation (EC) No 1223/2009 of the European Parliament and of the Council on cosmetic products, and amendment of the Cosmetic Products Enforcement Regulations 2013, and amendment of related direct EU tertiary legislation
35. Schedule 35 Regulation (EU) 2016/425 of the European Parliament and of the Council of on personal protective equipment and repealing Council Directive 89/686/EEC, and amendment of the Personal Protective Equipment (Enforcement) Regulations 2018
36. Schedule 36 Regulation (EU) 2016/426 of the European Parliament and of the Council on appliances burning gaseous fuels and repealing Directive 2009/142/EC, and amendment of the Gas Appliances (Enforcement) and Miscellaneous Amendments Regulations 2018
37. Schedule 37 contains revocation of retained direct EU and EEA legislation

Other certain affected Regulations(Not withinSI No.696 of 2019The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019):

1. The REACH etc. (Amendment etc.) (EU Exit) Regulations 2019
2. The Medical Devices (Amendment etc.) (EU Exit) Regulations 2019
3. The Persistent Organic Pollutants (Amendment) (EU Exit) Regulations 2019
4. The Materials and Articles in Contact with Food (Amendment) (EU Exit) Regulations 2019

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