- 3rd September 2020
- Posted by: Sean Clarke
- Category: Directives Updates
‘ATEX’ replaced by UK Ex Scheme
Only UKCA Issued ‘EX’ Certificates will be accepted from the 1st January 2022 in the UK for products that previously required ATEX Notified Body Certification.
For ‘Ex’ products (formerly ATEX) only ‘UKCA Bodies’ (the UK equivalent of an ATEX Notified body) such as ExVeritas will be able to issue the appropriate certificates needed for entry to the UK market and the Standards used will be determined by the UK List of approved Standard (BS).
ExVeritas have been informed officially by the UK Government that we will automatically become a UK approved body from 1st January 2021, and we will keep our 4-digit identification number (2585). There will also be a new UK database which will replace the EU’s New Approach Notified and Designated Organisations (NANDO) database.
The UKCA marking can be used from 1st January 2021. However, to allow businesses time to adjust to the new requirements, you will still be able to use the CE marking until 1st January 2022 in many cases.
The CE marking will be accepted in the UK until 1st January 2022 for some products such as existing stock. For example, a product covered by a UK certificate of conformity, and which would normally need UKCA marking after 1st January 2021, can still be sold in the UK with a CE marking so long as it is from pre-existing stock fully manufactured before 31st December 2020.
You will be able to use the CE marking until 31st December 2021 if any of the following apply:
- you currently apply the CE marking to your goods based on self-declaration.
- any mandatory third-party conformity assessment was carried out by an EU-recognised notified body (including a body in a country with which the EU has a relevant mutual recognition agreement).
- the certificate of conformity previously held by a UK approved body has been transferred to an EU-recognised notified body.
You can only place CE marked goods that meet EU requirements in Great Britain while UK and EU requirements are the same. This will be the case on 1st January 2021 and there are no UK plans to diverge at this time.
In all cases you must be ready to use the UKCA marking from 1st January 2022 at the latest, although you should look to use the UKCA marking as soon as possible.
A new UK Declaration of Conformity
From 1st January 2021, the UKCA mark will be the required marking for Great Britain for most goods currently subject to CE marking
The UK Declaration of Conformity is a document which must be drawn up for most products lawfully bearing a UKCA marking.
In the document you as the manufacturer, or your authorised representative (where allowed for in the relevant legislation), should:
- declare that the product is in conformity with the relevant statutory requirements applicable to the specific product.
- make sure the document has the name and address of the manufacturer (or your authorised representative) together with information about the product and the conformity assessment body (where relevant).
The information required on the Declaration of Conformity will be largely the same as what is currently required on an EU Declaration of Conformity. This can vary depending on the application legislation but generally should include:
- your name and full business address or that of your authorised representative.
- the product’s serial number, model, or type identification.
- a statement, stating you take full responsibility for the product’s compliance.
- the details of the UKCA approved body which carried out the conformity assessment procedure (if applicable).
- the relevant legislation with which the product complies.
- your name and signature.
- the date the declaration was issued.
- supplementary information (if applicable).
You will need to list:
- relevant UK legislation (not EU Directives).
- UK designated standards rather than standards cited in the Official Journal of the European Union.
The UK Declaration of Conformity should be available to market surveillance authorities on request.
Authorised representatives and responsible persons based in the EU will no longer be recognised in Great Britain from 1st January 2021.
If you need to (or choose to) use an authorised representative or responsible person, they will need to be based in the UK for products being placed on the GB market.
Using both the CE and UKCA marking
Goods can carry both the CE and UKCA markings so long as such they are fully compliant with both UK and EU regulations. As ExVeritas are both a UKCA and an ATEX Notified Body (in Denmark) we are one of only a handful of companies that can issue both approvals in parallel.
UK Government Links
ExVeritas is both a UKCA for Ex and an ATEX Notified Body (in Denmark)
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