If you placed goods on the UK market (or in an EU or EEA state) before 1 January 2021, you do not need to do anything for these individual goods.

They can continue to circulate on either market until they reach their end user and do not need to comply with the changes that took effect from 1 January 2021. This guidance explains what you need to do for any goods you’re placing on the GB market after 1 January 2021.

A fully manufactured (individual) good is ‘placed on the market’ when a written or verbal agreement (or offer of an agreement) to transfer ownership or possession or other property rights in the product is exchanged. 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 need to do depends on the type of goods you’re placing on the GB market.

Most of this page covers goods subject to the UKCA marking.

There are different rules for:

• goods regulated under the old approach
• goods covered by national rules (non-harmonised)
• certain other UKCA-marked 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 GB market:

• chemicals
• medicines
• veterinary 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 GB market:

• medical devices
• rail interoperability constituents
• construction products
• civil explosives
• products requiring ecodesign and energy labelling
• cosmetics
• tobacco products
• fertilisers

Check if you need to change your conformity assessment or marking

You need to use a conformity marking if you’re placing certain goods on the UK market. Before 1 January 2021 you could do this using the CE marking or other appropriate marking (such as the wheel marking or Pi marking). The UKCA marking is the conformity assessment marking for Great Britain for most goods previously subject to CE marking.

Goods that are lawfully CE marked 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 can place qualifying Northern Ireland goods on the GB market with an EU conformity assessment marking, such as the CE marking.

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

Using the UKCA marking

You only need to use the new UKCA marking before 1 January 2022 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

This does not apply to existing stock. For example if your good was fully manufactured, CE marked 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. For goods where mandatory assessment has been done by a UK body, the CE marking must be followed by the UKNI marking for goods being placed on the NI market.

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 is also required for UKCA marked goods.

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

The UK Market Conformity Assessment Bodies (UKMCAB) database lists all bodies which can provide conformity assessment for the UK market.

Where self-declaration of conformity is permitted for CE marking this is also 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 prior to 1 January 2021

You can only place CE marked goods that meet EU requirements in Great Britain while UK and EU requirements are the same. This is currently the case 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).

Although you are encouraged to prepare to use the UKCA marking for the GB market as soon as possible, you do not need to change the conformity marking on your product if it is CE marked and 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 approved body is taking steps that help you continue to export to the EU without needing to find an EU notified body.

If not, you may need apply for a new certificate from an EU notified body if you also want to sell your product in the EU. Your approved 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)
• 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 whether your goods qualify for unfettered access.

Find out more about the government’s approach to unfettered access.

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.

The essential requirements and standards that can be used to demonstrate conformity with them for UKCA marked goods have not changed. That means that if your good is currently made to the technical requirements necessary for CE marking then it will be made to the same technical requirements that exist for UKCA marking. However, the conformity assessment bodies that test them may need to be different.

Appoint an authorised or responsible person in the UK

Great Britain does not recognise authorised representatives and responsible persons based in the EU.

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 your legal responsibilities

Manufacturers

You are responsible for:

• ensuring your product complies with the relevant GB rules
• drawing up documentation such as the declaration of conformity

You can delegate some of the duties to an authorised representative – you will need to check the specific regulations that apply to confirm what can and cannot be delegated.

UK distributors and suppliers

You’ll need to confirm whether you or your supplier will act as an ‘importer’.

You’re 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 market before you sell it in Great Britain – or if the manufacturer has appointed another UK-based person to carry out importer duties – you will remain a distributor and will not have any additional responsibilities.

As an importer, you’ll need to make sure that:

• 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 if you import certain goods from the EEA (and in some cases Switzerland). After 31 December 2022, your details must be affixed to the product or, in circumstances where the legislation allows, on the packaging or an accompanying document
• 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 comply with the above for goods placed on the GB market regardless of whether they are CE or UKCA marked.

Placing goods on the GB market from the EU market if you’re a business in Northern Ireland

If you’re a Northern Ireland business selling goods on the GB market that have been supplied to you (as a distributor) from the EU market, you’ll become an importer under GB rules. You’ll need to make sure:

• goods are labelled with your company’s details (or accompanying documentation depending on the requirement for that good) including with your company’s name and a contact address
• the correct conformity assessment procedures have been carried out and the goods have the correct conformity markings, which will be EU conformity markings
• the manufacturer has drawn up the correct technical documentation
• goods conform with the relevant essential requirements, which could be EU requirements that the Protocol applies to Northern Ireland
• you take action if the good is unsafe by making it safe, withdrawing it from sale, or recalling it

More information

For more information and a list of guides on specific product safety and metrology regulations for businesses, see Product safety and metrology from 1 January 2021: Great Britain.

Relevant UK and EU legislation

The table below lists the current EU legislation for specific goods, and the title of the corresponding UK legislation.

Contact

Email goodsregulation@beis.gov.uk if you have goods regulation questions.