If you have already placed your good on the UK market (or in an EU country) before 1 January 2021, you do not need to do anything new. These individual goods can continue to circulate on either market until they reach their end user and do not need to comply with the changes that take effect from 1 January 2021.

A good is ‘placed on the market’ when a written or verbal agreement (or offer of an agreement) to transfer ownership or possession or other rights in the product. This does not require physical transfer of the good.

You can usually provide proof of placing on the market on the basis of any relevant document ordinarily used in business transactions, including:

• contracts of sale concerning goods which have already been manufactured and meet the legal requirements
• invoices
• documents concerning the shipping of goods for distribution

The relevant economic operator (whether manufacturer, importer or distributor) bears the burden of proof for demonstrating that the good was placed on the market before 1 January 2021.

Check which rules apply

What you will need to do from 1 January 2021 depends on the type of goods you’re placing on the market.

Most of this page covers goods often known as new approach goods.

There are different rules for:

• goods regulated under the old approach
• goods covered by national rules (non-harmonised)
• certain other goods, such as medical devices and civil explosives

Old approach goods

You must follow different rules if you’re placing the following goods on the UK market:

• chemicals
• medicines
• vehicles
• aerospace

Goods covered by national rules (non-harmonised)

You must make sure that your goods meet UK rules. You’ll need to do this even if they were previously sold in an EU country.

Check the UK product safety rules to find out what you need to do.

Other goods

There are also special rules if you’re placing the following goods on the UK market:

• medical devices
• rail interoperability constituents
• construction products
• civil explosives
• products requiring ecodesign and energy labelling
• cosmetics (further guidance will be published shortly)

Check if you need to change your conformity assessment or marking

You need to use a conformity mark if you’re placing certain goods on the UK market. Before 1 January 2021 you can do this using the CE mark or other appropriate mark (such as the wheel marking or Pi mark).

From 1 January 2021, the UKCA mark will be the conformity assessment marking for Great Britain for most goods currently subject to CE marking.

The CE marking will be accepted in the UK until 1 January 2022 for certain products. You must be ready to use the UKCA marking from 1 January 2022 at the latest, although you should look to use the UKCA marking as soon as possible.

If you’re a Northern Ireland business, you’ll still be able to place qualifying Northern Ireland goods on the GB market with an EU conformity assessment marking, such as the CE marking, after 31 December 2021.

The table below illustrates the accepted markings on each relevant market.

Using the UKCA marking

You will need to use the new UKCA marking immediately after 1 January 2021 if all of the following apply. Your product:

• is covered by legislation which requires the UKCA marking
• requires mandatory third-party conformity assessment
• conformity assessment has been carried out by a UK conformity assessment body and you haven’t transferred your conformity assessment files from your UK body to an EU recognised body before 1 January 2021

This does not apply to existing stock. For example if your good was fully manufactured and ready to place on the market before 1 January 2021, you do not need to use the UKCA marking even if the certification was carried out by a UK-based body. These goods will only be able to be placed on the GB market and only until 31 December 2021. From 1 January 2022, you will need to use the UKCA marking.

These products are not allowed to be placed on the EEA market after 31 December 2020. To be able to be placed on the NI market, the CE marking must be followed by the UKNI marking.

Find out how to use the UKCA marking.

Mandatory third-party conformity assessment for the UKCA marking

Where mandatory third-party conformity assessment was required for CE marked goods, it will also be required for UKCA marked goods.

This conformity assessment will need to be carried out by a UK-recognised approved body in order to be marked with the UKCA marking. The type of conformity assessment procedures will be the same that were required for the CE marking.

Where self-declaration of conformity is permitted for CE marking this will also be the case for UKCA marking.

Using the CE marking

CE marking for the GB market

You will be able to use the CE marking until 31 December 2021 if any of the following apply:

• you currently apply the CE marking to your good 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 has been transferred to an EU-recognised notified body

You can only place CE marked goods that meet EU requirements in Great Britain while UK and EU requirements are the same. This will be the case on 1 January 2021 and there are no UK plans to diverge at this time. Nonetheless you are encouraged to be ready as soon as possible, and by 1 January 2022 at the latest. If the EU changes their rules and you CE mark your goods based on new EU rules which are different from the requirements in the UK, you will no longer be able to use the CE marking in the UK. This will be the case even if the change happens before 1 January 2022.

Find out how to use the CE marking.

CE marking for both the GB and EU market

The UKCA marking will not be recognised on the EU or Northern Ireland markets. Products currently requiring a CE marking for sale in the EU will continue to need a CE mark (and meet the other EU rules).

You will not need to take any action from 1 January 2021 if either of the following apply:

• you self-declare the conformity of your good against the regulations
• you voluntarily use a testing or notified body to test against European or international standards

You may need to take additional action if your good needs third-party conformity assessment.

Check whether your UK notified body is taking steps that help you continue to export to the EU without needing to find a new EU notified body.

If not, you may need apply for a new certificate from an EU notified body. Your existing notified body should provide another body of your choice information relating to your conformity assessments in order to facilitate this.

Find out how to use the CE marking.

CE marking if you’re placing a qualifying Northern Ireland good on the GB market

If you’re a Northern Ireland business, you’ll still be able to place qualifying Northern Ireland goods on the GB market with an EU conformity assessment marking (such as the CE marking) after 31 December 2021 if any of the following apply:

• you currently apply the CE marking to your good 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 has been transferred to an EU-recognised notified body
• any mandatory third-party conformity assessment was carried out by a UK-based body, and you are therefore using the CE marking with new UKNI marking

You’ll still be able to do this even if there are changes between the EU rules that the Northern Ireland Protocol applies to and the GB rules. This is part of the government’s commitment for Northern Ireland businesses to have unfettered access to the rest of the UK market.

Find out how to use the UKNI marking.

Using both the CE and UKCA marking

Both the CE and UKCA mark can be placed on a product so long as neither impedes the visibility of the other and requirements of both the GB and EU legislation are met.

From 1 January 2021 the essential requirements and standards that can be used to demonstrate conformity with them for UKCA marked goods will be the same as they are now. That means that if your goods is currently made to the technical requirements necessary for CE marking then it will be made to the same technical requirements that will exist for UKCA marking from 1 January 2021. However, the conformity assessment bodies that test them may need to be different.

Appoint an authorised or responsible person in the UK

Authorised representatives and responsible persons based in the EU will no longer be recognised in Great Britain from 1 January 2021.

If you need to (or choose to) use an authorised representative or responsible person, they will need to be based in the UK for products being placed on the GB market.

Check whether your legal responsibilities are changing

Manufacturers

Your legal obligations will remain largely unchanged from 1 January 2021.

UK distributors and suppliers

You’ll need to confirm whether you or your supplier will become an ‘importer’ after 1 January 2021.

You’ll become an importer if you’re the first one bringing goods from outside the UK and placing them on the market in Great Britain. If someone has already placed a good on the UK or EU market before you sell it in Great Britain, you will remain a distributor and will not have any additional responsibilities.

As an importer, you’ll need to make sure that from 1 January 2021:

• goods are labelled with your company’s details, including your company’s name and a contact address (until 31 December 2022 you can provide these details on the accompanying documentation rather than on the good itself)
• the correct conformity assessment procedures have been carried out and that goods have the correct conformity markings
• the manufacturer has drawn up the correct technical documentation and complied with their labelling requirements
• you maintain a copy of the declaration of conformity for a period of 10 years
• goods conform with the relevant essential requirements

You must to comply with the above immediately for goods placed on the GB market from 1 January 2021, for both CE and UKCA marked goods.