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Rhodri Morgan Ex-Protection UK Technical Lead at TÜV SÜD, a global product testing and certification organisation.

UKEX – Practical Consideration and Implementation

UKCA marking (UK Conformity Assessed marking) is the UK product marking requirement that will be needed for all Ex-products being placed on the market in Great Britain (England, Scotland and Wales). This substitutes the European Union (EU) requirements for CE Marking, which continues to be accepted in Northern Ireland.

UKCA Ex (UKEX) approval came into force from 1st January 2021, with a transitional period lasting up until 1st January 2023. However, the UKCA mark will not be recognised in the EU, European Economic Area, or Northern Ireland. For Northern Ireland, either the CE mark or dual UKNI and CE mark may be required.

To allow businesses time to adjust to the new requirements, CE marked ‘existing stock’ can still be accepted up until 1st January 2023. For example, if machinery was fully manufactured and ready to be place on the market before 1 January 2023. With respect to existing products, the rules for the EU and UK are the same, the legislation applies at the point when the individual product is placed on the market. This means that UKCA marking would not be required for products already placed on the market, for example, items which are already imported and sitting with a distributor which was prior to 1st Jan 2023.

CE marking can be used up until 31st December 2022 if any of the following apply:

  • Currently applying the CE mark to goods based on self-declaration.
  • If a mandatory third-party conformity assessment has been carried out by an EU-recognised notified body
  • If the Declaration of Conformity was previously held by a UK approved body has now been transferred to an EU-recognised notified body.
  • Using both the CE and UKCA mark, products can continue for both CE and UKCA, if they are fully compliant with both UK and EU regulations.

Only UKCA-issued EX Certificates will be accepted from 1st January 2023 in the UK for products that previously required ATEX Notified Body Certification. Designated UK Approved Bodies are the EU-equivalent of ATEX Notified Bodies, and only they can issue the appropriate certificates needed for entry to the GB market.

But what products require UKEX approval?

  • UKEX Category 1 Electrical and non-electrical – UKEX Approved Body Certificate Technical File Lodge and QAN/QAR (Quality Audit Notification)
  • UKEX Category 2 electrical – Approved Body certificate including a UKEX Technical File Lodge and QAN/QAR (Quality Audit Notification)
  • UKEX Category 2 non-electrical – Self certified product certificate from the manufacturer (Optional Approved Body Certificate) Technical File Lodge with an approved body
  • UKEX Category 3 electrical and non-electrical – Technical File Lodge and a self-certified manufacturers Certificate

Once EX equipment has been self-certified or certified by an approved body, a technical file mmust be lodged with an approved body for a minimum of 5 years from when the manufacturer ceased making it and the last unit is placed on the market.

Products being placed on the UK Market with UKCA Marking will also need to be supported by a UK Declaration of Conformity (DoC). The UK requirements for the DoC are the same as the EU DoC except:

  • It must refer to UKSI as these contain the essential requirements
  • UK DoCs need to reference the UK Designated Standards (when available)
  • UK DoCs must, if applicable/required, reference a UK Approval Body

The good news is that for the foreseeable future, the requirements of the UK Regulation will remain the same as those of the EU’s ATEX Directive. However, continuing UK market acceptance of CE marking until 31 December 2022 relies on EU and UK requirements remaining the same. If any deviations exist between EU and UK requirements, UKCA marking would be required immediately.

www.tuvsud.com/uk

 

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