The UK government has announced it will introduce new legislation to allow for digital labelling of imports to reduce the regulatory burden on businesses. Digital labelling will allow businesses to put all relevant regulatory or manufacturing information online, rather than having to print it on products, thus saving time and money.
The move follows the Product Safety Review consultation, an extensive business engagement exercise which sought the opinion of leading industry trade bodies and individual businesses on ways to cut costs while benefitting consumers and ensuring the regulatory system remains agile. Industry had been consistently calling for digital labelling as part of that consultation. The voluntary option to use digital labelling means businesses will be able to apply the UKCA marking, manufacturer details and importer details digitally.
The Department for Business and Trade (DBT) also confirmed it would extend the indefinite use of the EU’s CE mark to a further three product categories, having last summer announced it would extend its use within the UK indefinitely for the 18 categories under its remit. Following feedback from industry, DBT is continuing CE recognition for eco-design, civil explosives and, in most circumstances, restriction of hazardous substances (in electrical equipment).
The new rules do not cover medical devices, construction products, marine equipment, rail products, cableways, transportable pressure equipment or drones. The full list of regulations covered by the announcement can be found here. Suzanne Alecrim, customs and trade specialist at IOE&IT, says the addition of the extra three regulations by other government departments responsible for product safety apart from DBT means further regulated sectors will benefit from the indefinite use of CE marking.
Business and Trade Minister Kevin Hollinrake said: “I know first-hand the difficulties businesses face with regulations and red tape, and what we’re announcing today will not only ease business burdens and costs but will enable them to spend their time growing their companies and creating jobs. We’ve worked closely with multiple sectors to create policy that works for them and this is another step in the right direction to back British businesses.”
The CE or UKCA marking is used on products to demonstrate the manufacturer is compliant with legal requirements. Last summer, DBT announced the intention to indefinitely recognise current EU requirements, including the CE marking, for the 18 product regulations under the department’s remit.
Following feedback from industry, we are introducing legislation to continue the recognition of CE marking indefinitely for a range of additional regulations which will benefit products including vacuum cleaners and televisions. The UK government is taking a tailored approach to product regulation to ensure the interests of UK businesses, consumers and the economy are taken into account.
This comes as part of wider range of measures as part of our smarter regulation programme, which ensures laws and regulatory regime are better tailored in the interests of UK businesses, consumers and the economy. This announcement does not apply to regulations for medical devices, construction products, marine equipment, rail products, cableways, transportable pressure equipment and unmanned aircraft systems, led by relevant government departments.
The indefinite recognition of current EU requirements, including the CE marking, for these 21 regulations means businesses have the flexibility to use either the UKCA or CE marking (Or reverse epsilon marking where applicable) to sell products in Great Britain.
Mike Hawes, SMMT Chief Executive said: “Recognising CE marking indefinitely is very welcome and a common sense decision that will benefit the motorist and the competitiveness of the UK automotive industry. It means that thousands of aftermarket and supply chain businesses can continue to source vital automotive parts without unnecessary additional cost and complexity, keeping costs low for consumers and ensuring vehicles are built and maintained to the highest possible standards.”
UK suppliers of instrumentation, control, automation and laboratory equipment, within the membership of GAMBICA, appreciate the government’s engagement and practical steps to facilitate movement of goods across the GB border to ensure the long-term supply of critical components from a complex global supply chain.
Stephen Phipson, CEO of Make UK, Stephen Phipson, said: “The addition of three further regulated sectors that will benefit from the indefinite recognition of current EU requirements including the use of CE marking, is a welcome move that manufacturers who develop and sell products in these areas will very much welcome and support.”
“The added introduction of a ‘fast track’ process for products that are covered by multiple regulations, new permanent arrangements for labelling flexibility and an option for digital labelling, will all work together to help safeguard the competitiveness of manufacturers and aid the UK as a destination for investment. Make UK has called for the indefinite extension of a CE marking recognition for all UK manufactured goods to be a permanent change, and this should cover all goods and products sectors produced using a manufacturing process.”
TechUK Director of Markets Matthew Evans said: “We strongly support the government’s decision to allow the voluntary use of e-labelling, in line with our key recommendations during the UK’s product compliance framework review. This represents a modern and progressive approach by DBT and will undoubtedly cut compliance costs, foster innovation, and lessen environmental impact. It will also align the UK with major trading partners like the United States, China, Japan, and South Korea, improving our trading relationships.”
A new ‘Fast-Track UKCA’ process will also be introduced, allowing manufacturers to use the UKCA marking to demonstrate compliance with either UKCA or recognised EU conformity processes. Where products are covered by multiple regulations, a mixture of both UKCA and CE conformity assessment procedures can be used. This is designed to provide longer-term certainty and flexibility for businesses should the UK mandate UKCA for certain regulations in the future.
The UK government is taking a tailored approach to product regulation to ensure the interests of UK businesses, consumers and the economy are taken into account. There are certain sectors which require a bespoke approach to conformity assessment, and therefore extending recognition of the CE marking for products under the following regulations is not being included in this legislation. This includes:
Regulations in scope of the announcement of indefinite recognition of the CE mark are:
Department for Business and Trade regulations:
- Equipment for use in potentially explosive atmospheres Regulations 2016/1107
- Electromagnetic compatibility Regulations 2016/1091
- Lifts Regulations 2016/1093
- Electrical Equipment (Safety) Regulations 2016/1101
- Pressure Equipment (Safety) Regulations 2016/1105
- Pyrotechnic Articles (Safety) Regulations 2015/1553
- Recreational Craft Regulations 2017/737
- Radio Equipment Regulations 2017/1206
- Simple Pressure Vessels (Safety) Regulations 2016/1092
- Toys (Safety) Regulations 2011/1881
- Aerosol Dispensers Regulations 2009/ 282
- Gas Appliances (EU Regulation) 2016/426
- Supply of Machinery (Safety) Regulations 2008/1597
- Noise Emission in the Environment by Equipment for use Outdoors Regulations 2001/1701
- Personal Protective Equipment (EU Regulation) 2016/425
- Measuring Instruments Regulations 2016/1153
- Non-automatic weighing instruments Regulations 2016/1152
- Measuring Container Bottles (EEC Requirements) Regulations 1977
Department for Environment, Food and Rural Affairs regulation:
- The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2012 (‘The RoHS Regulations’)
Department for Energy Security and Net Zero regulation:
- The Ecodesign for Energy-Related Products Regulations 2010
Department for Work and Pensions [The Health and Safety Executive] regulation:
- The Explosives Regulations 2014
CE Overview
The letters ‘CE’ appear on many products that are traded on the single market in the European Economic Area (EEA).
The CE marking is required for many products because it:
- shows that the manufacturer has checked these products meet EU safety, health or environmental requirements
- is an indicator of a product’s compliance with EU legislation
- allows the free movement of products within the European market
By placing the CE marking labels on a product, a manufacturer is declaring, on their sole responsibility, conformity with all of the legal requirements to achieve CE marking. The manufacturer is therefore ensuring validity for that product to be sold throughout the EEA. This also applies to products made in third countries which are sold in the EEA and Turkey.
Not all products must bear the CE marking. Only those product categories subject to specific legislation are required to be CE marked. If there is no such requirement, the CE marking must not be affixed.
CE marking does not mean that a product was made in the EEA, but shows that the product meets all the relevant EU requirements and has been assessed as such before being placed on the market. It means the product satisfies the legislative requirements to be sold there. It also means that the manufacturer has checked that the product complies with all relevant essential requirements, for example health and safety requirements.
If you are a manufacturer, it is your responsibility to:
- carry out or have carried out the applicable conformity assessment procedure
- draw up the technical documentation
- draw up the European Commission (EC) Declaration of Conformity (DoC)
- place CE marking on a product, where required
If you are a distributor, you must check the presence of both the CE marking and the necessary supporting documentation. If you are importing a product that is from a third country, you must check that the manufacturer outside the EU has undertaken the necessary steps. You must check that the documentation is available.
Businesses are set to benefit from savings as import labels are made digital for the first time. Businesses are set to benefit from reduced costs and burdens as import labels are made digital for the first time.
