Business Impacts exclusive - Does CE mean ‘completely exonerated?’

19 Jan 2024

The January 2024 issue of Business Impacts has just been released. Here’s an exclusive article from the publication, which is normally for members only. If you’re interested in becoming a member to access Business Impacts and a whole host of other benefits, contact [email protected]


As most members will be aware, on 1 August 2023, the Department for Business & Trade (DBT) announced that it will continue to recognise CE marking as fulfilling the requirements for UKCA marking indefinitely for the 18 regulations within its remit. For GAMBICA members, this includes familiar regulations such as LVD, EMCD, RED, ATEX, MD, PED…

This solves a multitude of supply chain issues for members and has led to the question, “Should we continue to UKCA mark?” There are some further points to consider:

• As it stands, the regulations have not changed, so until amended, CE marking ceases to provide presumption of conformity at the end of 2024.

• guidance states that manufacturers or importers placing CE marked goods on the GB market must also check that the essential requirements of applicable UK legislation have been met.

• There are government departments, responsible for other regulations, which are yet to make an announcement.

DEFRA is responsible for RoHS and have confirmed verbally on several occasions that they will continue to accept EU RoHS but that additional UK legislation is required to allow for this. Therefore, several government departments are now jointly writing a new Statutory Instrument (due to be published in Spring 2024) to allow for the continued acceptance of CE marking for the GB market, as long as there are no additional UK requirements!

GAMBICA has written to the Department for Sustainability & Net Zero (DeSNZ) to request alignment with DBT regulations for all product categories under the Ecodesign regulation. However, DeSNZ are currently proposing increased energy performance requirements for lighting.

It is likely that there will be additional UK requirements for ‘high-risk’ construction products from DLUHC and also in the MHRA’s UK Medical Device Regulation.

At the same time OPSS are proposing voluntary electronic labelling for products with displays. GAMBICA is advocating that this is extended to all products, particularly in light of the new Digital Product Passport being introduced in various EU regulations. As well as being flexible in terms of product marking requirements, it also has the potential to improve market surveillance.

We therefore expect to see a mix of UKCA, CE and QR code marking on the GB market depending on the applicable product regulation. The advice to members is to keep UKCA marking on the product if you already have it.