Last updated: 20 July 2022
UK Government guidance on UKCA marking – Great Britain (not Northern Ireland) from 1 January 2021
BEIS (the UK Government department for Business, Energy and Industrial Strategy) published a range of guidance on the regulatory arrangements that will apply in the UK at the end of the transition period i.e. from 1 January 2021. Initially, there was to be a transitional period of one year until 1 January 2022 when CE-marked equipment would be accepted on the GB market. On 24 August 2021, the UK Government announced an extension and that all goods which previously required to be CE-marked now do not need to be UKCA-marked until 1 January 2023. On 20 June 2022, a number of “easements” were announced while still maintaining the requirement to use the UKCA mark from 1 January 2023.
What were these easements?
- Allowing the UKCA marking and importer details for goods from EEA countries, to be placed on the product via a sticky label or on an accompanying document until 31 December 2025.
- Continuing to accept spares onto the GB market to repair, replace and maintain products.
- Making clear that there is no need to re-test and re-mark existing imported stock brought into the UK before 31 December 2022.
- Reducing re-testing costs, by allowing certificates provided by non-UK conformity assessment bodies (CABs) testing to EU requirements, issued before the end of this year to be used as a basis for UKCA marking certification.
The following is our understanding for our sector working with the Lifts Regulations (LR) or the Supply of Machinery (Safety) Regulations (SMSR) and was first posted on 2 September, updated on 13 November 2020, 7 January, 11 February and 24 August 2021, 11 March 2022 and updated with the easements on 20 July 2022.. Readers should refer to UK Government guidance and new regulations expected to be published later in the year for a definitive view: https://www.gov.uk/guidance/placing-manufactured-goods-on-the-market-in-great-britain#history
We have set-out our understanding of the principles as they affect our sector followed by specifics of what it means for different parts of the industry below. If any member has any questions or comments on the contents then we would be pleased to hear from you.
Key principles for equipment placed onto the GB market (England, Wales and Scotland)
1. The UK left the EU on 31 January 2020 with a transition phase until 31 December 2020.
2. UK Lifts Regulations (LR) and Supply of Machinery (Safety) Regulations (SMSR) are largely unchanged from 1 January 2021 except references to “Notified Bodies” have been replaced by “Approved Bodies”, references to “Harmonised Standards” have become “Designated Standards”, and references to CE marking have become references to UKCA marking. Essential requirements are identical to the essential health and safety requirements (EHSRs) of the Lift Directive and Machinery Directive, and similar conformity assessment procedures apply although now to be carried our by Approved Bodies. We understand that the UK and EU have no immediate plans to change these so we expect these to remain aligned for the period covered by this guidance (to 1 January 2023). The EU Machinery Directive is being revised; when proposed changes become available, the UK will assess these.
3. From January 2021, some firms who bring goods into Great Britain from EU, EEA or Switzerland who have been “distributors” will become “importers” and will have to meet the more stringent requirements for importers in the Regulations.
4. From 1 January 2021, Harmonised standards become UK designated standards. These can be BS EN, EN, EN ISO or EN IEC standards. Initially the list is identical and references the same EN standards and is published here: Designated standards – lift and here for machinery: Designated standards – machinery.
5. From 1 January 2021, Notified Bodies in the UK became “Approved Bodies”:
> The UK Approved Bodies for lifts are listed on a new UK website listing UK Market Conformity Assessment Bodies: lift – UK Market Conformity Assessment Bodies. The same body numbers have been retained as used previously for them as Notified Bodies. With the withdrawal of Lloyds Register, this leaves only the following Approved Bodies listed for lifts and safety components for lifts under the Lifts Regulations (LR) and lifting appliances with lifting height >3m under Annex IV, 17 of the Supply of Machinery (Safety) Regulations (SMSR):
British Engineering Services (lifts – LR, lifting appliances under Annex IV of SMSR);
BSI Assurance UK (lifts, safety components for lifts – LR);
Bureau Veritas UK (lifts – LR, lifting appliances under Annex IV of SMSR);
GCL international (lifts – LR);
Lift Cert (lifts – LR, safety components for lifts – LR, lifting appliances under Annex IV of SMSR);
TUV SUD BABT (lifts and safety components for lifts – LR, lifting appliances under Annex IV of SMSR) – added to UK Approved Body list in January 2022.
> UK Approved Bodies will not be able to certify equipment under EU Legislation. Companies wishing to place equipment onto the market in the EU needing the use of a Notified Bodies will need to find a suitable body.
> There is a particular implication in the Republic of Ireland for lift companies which use a UK Notified Body. We understand that arrangements are being made with EU Notified Bodies to take over such certification.
> We understand that some UK Approved Bodies will have arrangements with EU Notified Bodies allowing where the use of the CE mark is required e.g.in Northern Ireland.
6. From 1 January 2021 until the end of 2022, equipment not requiring the use of a Notified Body or Approved Body may continue to be CE marked when placed onto the market or may be UKCA marked. This would apply to equipment under SMSR such as escalators and moving walks, stairlifts, lifting appliances with lifting height < 3 m, and lifting appliances with lifting height > 3m but following a designated standard with internal checks of manufacture.
7. From 1 January 2021 until the end of 2022, equipment requiring the use of a Notified Body or Approved Body (lifts, safety components for lifts and machinery with lifting height > 3m except where following a designated standard with internal checks of manufacture) when placed onto the market must either:
> have a CE mark if an EU Notified Body is used; or
> have a UKCA mark if a UK Approved Body is used (unless it has an agreement with an EU Notified Body). The UKCA mark does not need to be fixed and may be on accompanying documentation.
8. From 1 January 2023, equipment being placed on the GB market must be UKCA marked but the easements announced on 20 June 2022 should remove many of the challenges of the “step change”.
> EU conformity assessments completed before 31 December 2022 will be accepted as a basis for UKCA marking until the expiry of the EU certification or 31 December 2027 (five years) whichever is sooner.
> Therefore, type examinations (lifts and safety components for lifts), design examinations and approvals from Notified Bodies need to be transitioned to UK Approved Bodies before their expiry dates or at the latest by 31 December 2027. Since the regulations and standards will be identical initially, the re-certification by a UK Approved Body should be relatively straightforward but we would advise dialogue as early as possible. We understand that some documentation will need to be provided in English and that the Approved Body will need to assess their requirements for re-certification.
> Once any EU certification current at 31 December 2022 and used as the basis for UKCA marking has expired or 31 December 2027 if sooner, UK Approved Bodies must be used where previously an EU Notified Body would have been used. This option is available in any case from 1 January 2023.
9. From 1 January 2026 the UKCA mark must be permanently attached.
10. Dual marking of CE and UKCA marks will be allowed in the UK as long as UK regulations remain aligned with EU rules.
11. Declarations of Conformity must match the marking fixed. If CE marking is used, declarations can continue as previously. If UKCA marking is used, the declaration of conformity must reference the Lifts Regulations/ SMSR as applicable and the UK designated standards (e.g. EN 81-20:2020 or BS EN 81-20:2020 etc) used. We can see no reason why a dual declaration of conformity cannot be issued as long as the UK and EU requirements remain aligned.
Safety components for lifts incorporated into lifts placed onto the market after 1 January 2023
Since safety components for lifts may be CE-marked when placed onto the market until the end of 2022 and that they may then be held in stock or in the supply chain, lifts placed into service from 1 January 2023 with a UKCA mark may contain CE-marked safety components. This may continue for some time until stock is used-up.
All safety components placed on the market will need to be UKCA marked by the manufacturer (until 31 December 2025 this can be using a label or on accompanying documentation). This can be by:
- using EU conformity certification in place at 31 December 2022 to declare conformity to UKCA requirements until the expiry of the certification or 31 December 2027 (5 years) whichever is sooner. Once a certificate has expired then the following must be used;
- using a UK Approved Body to undertake conformity assessment. This must be used once any EU certification has expired or from 31 December 2027 whichever is sooner.
What this means for companies installing lifts in GB from 1 January 2021:
1. Check with your Approved Body if they have an arrangement with an EU Notified Body. If so, you may use the CE mark until the end of 2022. If not, then you must use the UKCA mark from 1 January 2021 with your Approved Body’s 4 digit number. This may be on accompanying documentation. Your Declaration of Conformity must match i.e. reference the Lifts Regulations and Designated Standards (e.g. EN 81-20 etc).
2. EU Type Examinations of lifts, design examinations for lifts and approvals for safety components for lifts carried out by EU Notified Bodies will need to be transferred to UK Approved Bodies by the expiry date of the certificates or 31 December 2027 if sooner.
3. From 1 January 2023, if a UK Approved Body has been used, the UKCA mark with 4 digit Approved Body number must be used and from 1 January 2026 this must be fixed.
What this means for companies installing lifting appliances with lifting height >3m (except where if a designated standard is followed with internal check of manufacture) in GB from 1 January 2021:
1. Check with your Approved Body if they have an arrangement with an EU Notified Body. If so, you may use the CE mark until the end of 2022. If not, then you must use the UKCA mark from 1 January 2021 with your Approved Body’s 4 digit number. This may be on accompanying documentation. Your Declaration of Conformity must match i.e. reference UK Supply of Machinery (Safety) Regulations and UK Designated Standards (e.g. EN 81-41 etc).
2. EU Type Examinations carried out by Notified Bodies will need to be transferred to Approved Bodies by the expiry date of the certificates or 31 December 2027 if sooner.
3. From 1 January 2023, you must use the UKCA mark – this must fixed from 1 January 2026 and until then may be on accompanying documentation.
What this means for persons buying products falling under the Supply of Machinery (Safety) Regulations (SMSR) which are manufactured in the EU for installation in GB market (UK excluding Northern Ireland):
1. These may continue to be placed onto the market with CE-marking until 31 December 2022.
2. Where a Notified Body or Approved Body is not needed, you must start to use the UKCA mark by 1 January 2023 – this must fixed from 1 January 2026 and may be on a label or accompanying documentation until then.
3. EU Type Examinations of lifting appliances carried out by EU Notified Bodies will need to be transferred to UK Approved Bodies by the expiry of certification or 31 December 2027 if sooner.
4. From 1 January 2023 persons who import UKCA marked goods will not take on the duties of the manufacturer, whereas persons importing non UKCA marked goods will take on the duties, this includes all the requirements of Article 5 of the regulations e.g. full instructions, technical file information etc.
What this means for EU manufacturers of safety components for lifts to be placed into the GB market (UK excluding Northern Ireland):
1. Safety components for lifts where a Notified Body has been used may continue to be placed onto the market with CE-marking until 31 December 2022.
2. Safety components for lifts where an Approved Body has been used will need to be UKCA marked as above – this must fixed from 1 January 2026 and may be on a label or accompanying documentation until then.
3. EU Type Examinations of safety components for lifts carried out by Notified Bodies will need to be transferred to Approved Bodies by the expiry of their certificates or 31 December 2027 if sooner.
4. At present, there are three UK Approved Bodies for various conformity assessment procedures for safety components for lifts: BSI Asssurance UK and Lift Cert were original Approved Bodies with the addition of TUV SUD BABT which was approved in January 2022. Other EU-based bodies might well look to become UK Approved Bodies but they will need to be established in the UK and we understand that the approval process is likely to take several months.
5. Re-certification is expected to be straightforward where the certification was with the same organisation.
6. Conformity assessment procedures in the Lifts Regulations will initially be as for the EU Lift Directive. So the UK Approved Body will need to undertake similar checks to the manufacturing process as done currently by an EU27 Notified Body including under Module C2 for safety components.
What this means for distributors and importers of safety components for lifts into GB:
1. From 1 January 2021, the manufacturer’s role and responsibilities will not change.
2. From 1 January 2021, companies who have brought goods into Great Britain from the EU, EEA or Switzerland who have been “distributors” will become “importers”. This means new obligations including: requirements to check product compliance; ensuring the conformity assessment requirements have been carried out by the manufacturer; keeping technical documentation; and ensuring your name, registered trade name or mark, and postal address on the safety component or, where this is not possible, on its packaging or in accompanying documentation.
3. Until 31 December 2022, importers into GB may provide their details on the packaging or in an accompanying document as an alternative to placing them on the safety component itself. This applies to goods that are not qualifying Northern Ireland goods.
4. The EU does not have any transitional arrangements as 3. above so safety components sold from GB to NI must be labelled with the NI importers address.
3. Authorised representatives for the GB market must be based in GB or NI. GB-based authorised representatives will also no longer be recognised in the EU. EU legislation coming into force on 16 July 2021 may mean you need to appoint an EU representative if there is no other economic operator in place.
Special situation in Northern Ireland
The Northern Ireland Protocol comes into force from 1 January 2021 and will mean that Northern Ireland will align with all relevant EU rules relating to to the placing on the market of manufactured goods. The UKCA marking alone cannot be used for goods placed on the Northern Ireland market, which require the CE marking or UK(NI) marking. See the guidance on placing goods on the Northern Ireland market and Using the UKNI marking from January 2021. Our understanding of the situation is:
1. All products placed on the market in Northern Ireland must continue to meet EU rules and must continue to be CE-marked. This includes where an EU Notified Body has been used.
2. All products placed on the market in Northern Ireland where a UK Approved Body is used must carry an additional UKNI mark. This will be alongside the product’s CE marking.
3. The UKNI marking will be valid for products placed onto the NI market when used in addition to the CE mark.
4. The UKNI marking will also be valid for products placed onto the GB market by a Northern Ireland company – in addition to CE marking.
5. Products self-certified for the purposes of CE and UKCA marking will not require the additional marking but must comply with EU regulatory requirements when traded in Northern Ireland.
BSI’s membership of European standardisation bodies
1. BSI’s membership of CEN and CENELEC continues at least until the end of 2021. BSI is confident its membership will continue beyond that time and is working with the other CEN and CENELEC members to ensure the best outcome for the UK.
2. From 1 July 2020, BSI has been classed as a non-EEA member of CEN and CENELEC. This affects a few specific voting situations. Weighted voting continues to be applied as before but, in the case that the first stage vote is not passed, the votes of only the EEA countries are counted separately and the UK’s vote would not be counted. If the stage two vote is passed then all EEA members are obliged to implement it, along with any non-EEA members that voted positively. This means that if BSI voted negatively, it would not be obliged to implement the decision. If BSI voted positively, we would be obliged to implement the decision.
3. BSI’s membership of ISO and IEC is unaffected by the UK’s exit from the EU.
Market surveillance and the HSE
1. HSE conducts “market surveillance” including inspections on sites.
2. In relation to issues related to CE/UKCA marking, HSE has indicted that it will take a risk-based approach to its work i.e. prioritising safety-related issues.
3. HSE is strengthening its field operations capacity to meet the need for more market surveillance of goods being brought into the GB after 1 January 2021.
The following are links to the UK Government guidance.
Conformity assessment and accreditation
https://www.gov.uk/guidance/conformity-assessment-and-accreditation
Using the UKCA mark
https://www.gov.uk/guidance/using-the-ukca-mark
Placing manufactured goods on the EU market
https://www.gov.uk/guidance/placing-manufactured-goods-on-the-eu-market
Placing manufactured goods on the market in Great Britain
https://www.gov.uk/guidance/placing-manufactured-goods-on-the-market-in-great-britain