UK post-Brexit conformity mark delayed for a third time

The UK Government has postponed the introduction of its post-Brexit UKCA product safety mark for a third time bowing to pressure from businesses who have repeatedly expressed concerns about disruption to supply chains and extra bureaucracy.

Following Brexit, the UK government announced that it wanted to create a British rival to the EU’s “CE” quality mark which assures the safety of electronic, industrial and consumer goods, with an original implementation deadline of the end of 2020.

This deadline was extended until December 2021, before it was pushed back again until the end of this year after industry complaints about a lack of product testing capacity, increased trade frictions and disinterest from global manufacturers in paying for their products to be re-tested to meet the UK’s proposed stand-alone certification regime.

The extension comes less than a month after the government announced it was delaying the implementation of the UK’s post-Brexit Medical Device Regulations for another 12 months, amidst concerns from Members of Parliament about a shortage of staff and expertise amongst the UK’s post-Brexit regulators.

Separate announcements for rules governing construction products, unmanned aircraft, rail products and marine equipment are also expected shortly.

The delay means the UK will continue to accept goods stamped with “CE” certificates from EU countries until the end of 2024, with those certificates remaining valid until the end of 2027.

Industry groups, who have consistently opposed the proposed UKCA system, have welcomed the extra delay with Make UK, the body representing UK manufacturers, saying that businesses were “not ready for this change”, adding that if it had gone ahead as scheduled it would have resulted in overseas companies stopping the supply of goods and products to the UK.

A membership survey in May by MakeUK found three-quarters of respondents wanted the UK to continue to recognise CE-marked goods.

One auto industry executive, in comments published by the Financial Times, said the delay, while welcome, would further extend the uncertainty around the scheme.

“The risk is that all the suppliers overseas go “Oh, well that’s not a thing anymore” and stop preparations for the introduction of the UKCA mark, and we all face a scramble again in 2024.”

The British Chambers of Commerce also welcomed the delay but said it should be pushed back even further, to 2026, to give time for a long-term solution to be negotiated to avoid extra costs for both importing and exporting businesses.