Following the UK’s exit from the European Union, the government stated on Tuesday 1st August that it would continue to use the European "CE" safety label for goods rather than do away with it. Businesses praised the decision as a pragmatic step.
What is the CE mark?
Since 1993, selected products that have been evaluated and meet EU legal criteria can be identified by the conformité européenne (CE) mark.
The CE mark is a symbol that indicates that a product conforms with the relevant EU directives regarding health and safety or environmental protection. It shows that the manufacturer has checked that the product meets the EU standards and can be sold in the European Economic Area (EEA) and Turkey. The CE mark is not a quality indicator or a certification mark, but a declaration of conformity by the manufacturer.
The CE mark may be followed by a four-digit number that identifies the notified body involved in the conformity assessment procedure, if applicable. Not all products need the CE mark to be traded in the EEA, only those that are covered by specific directives or regulations.
Why was the CE mark going to be scrapped?
The British government had hailed Brexit as a chance to get rid of onerous EU regulations for corporations, but it later scaled back some of those plans in response to complaints from businesses that they would face higher costs and complexity, which would hurt their ability to compete.
What was to replace the CE mark?
The CE mark was scheduled to be replaced by a new UKCA mark starting in December 2024 for products sold in England, Wales, and Scotland. Northern Ireland was to keep using the CE mark. The UKCA mark would certify that items adhere to safety, health, and environmental protection standards.
What objections were there to UKCA accreditation?
British businesses had protested that a UKCA accreditation would incur additional expenses because Brussels, which has significantly more regulatory clout globally, had not accepted it, making it less relevant outside of Britain.
Reports suggested that some British businesses who export to Europe had relocated their operations into the EU in part so they may take advantage of the bloc's CE certification programme and retain the labelling that has international recognition and value.
What prompted the government’s change of plan?
The government previously defended the policy in the face of industry concerns, saying it would allow ministers to "take control" of goods regulation and "ensure" regulations benefit British businesses.
However, Business Minister Kevin Hollinrake recently said, "The government is tackling red tape, cutting burdens for business, and creating certainty for firms – we have listened to industry, and we are taking action to deliver."
"By extending CE marking use across the UK, firms can focus their time and money on creating jobs and growing the economy."
Another post-Brexit strategy was abandoned earlier this year when the government announced it would no longer repeal all EU regulations by the end of the year.
How has industry reacted to the news?
The British Chambers of Commerce applauded the CE mark's indefinite retention, noting that only 8% of businesses had expressed a desire to abandon the EU marking system and that 59% of the businesses affected by the decision preferred to preserve it.
Will the CE mark be retained for all products?
The business department announced the CE mark will be recognised indefinitely in 18 areas, including toys, fireworks, lifts, radio equipment, and protective gear. It means in these areas, British firms will be able to choose whether to use the new UKCA symbol or retain the CE mark by applying to have their products certified by an accredited European body.
The government said that rules for other areas, including medical devices and construction equipment, would continue to be determined by other government departments.
How 3CS can help
Our team of corporate and commercial lawyers and consultants have both domestic and international expertise and offer a full range of corporate and commercial legal services. For further information on product certification or help with any commercial legal matter please get in touch with your usual 3CS contact.
