Following the UK’s exit from the EU, the UK government indicated that construction products with “CE” marking would no longer be recognised in Scotland, England and Wales (“the GB market”). Instead, products produced and sold on the GB market would require a new UK mark, the UK’s Conformity Assessed (“UKCA”).

However, the government has now confirmed that the end of CE recognition for construction products in the GB market will be pushed back by a further 30 months until 30 June 2025.

The postponement of the end of recognition of CE marking is intended to allow businesses time to prepare for the introduction of the new UKCA mark. In the meantime, we have set out below what businesses will need to do to prepare for the change.

What does this mean for my products?

In order to supply their products within the GB market, producers of construction materials will need to make sure that their goods bear the relevant UKCA mark from the 30 June 2025 deadline at the very latest if their products are to be recognised as compliant within the GB market.

The government is encouraging producers to adopt the UKCA mark as soon as possible and well before the 2025 deadline. However, goods with the CE mark which are placed on the market prior to this deadline can continue to circulate without any marking changes required.

In order to use the new UKCA mark, producers should ensure that they use a UK approved body for testing and certification for products that are to be supplied to the GB market and which are covered by a designated standard for that product. These will be the same UK bodies that previously operated under the EU Construction Products Regulation 2011 to approve products for CE marking. They are also listed within a new UK database here.

The approved body will undertake a conformity assessment to determine that products are conform to UK designated standards. The manufacturer can then affix the UK marking to their product.

Position in Northern Ireland

It is important to note that the position as set out above does not apply to goods supplied to the Northern Irish market. Products here must continue to meet EU standards.

As a result, goods with the UKCA mark alone are not accepted in the Northern Irish market. Instead, such goods must still bear the EU’s CE mark. They can also bear the distinct Northern Irish “UK(NI)” mark in addition to the CE mark.

The government has said that it intends to introduce legislation that will mean that, following the June 2025 deadline, Northern Irish products bearing either (1) the CE marking; or (2) both the CE marking and the UK(NI) marking can still be placed on the market in the whole of the UK on an ongoing basis.

This contrasts with the position for other UK goods, which (as noted above) will not be allowed to bear the CE mark alone if placed on the GB market after the deadline.

Contributors

Lucy McCracken

Senior Solicitor