The UK's exit from the EU has led to significant changes in regulatory compliance, particularly in product marking standards. After the UK's withdrawal from the EU, the government planned to replace CE marking with UKCA marking in Great Britain, with a grace period ending on 30 June 2025.
However, following the Independent Review of Product Testing and Certification (or the “Morrell-Day Review”), which highlighted the UK's inadequate testing capacity, the government confirmed that CE marking would continue indefinitely for construction products. It also committed to providing a minimum two-year transition period for any future changes to CE marking recognition.
The Background
Following the UK’s withdrawal from the EU, it was announced that CE marking (which stands for Conformité Européenne) would no longer be recognised as the compliance mark for installations in Great Britain, and instead it would be replaced by the UKCA marking (which stands for UK Conformity Assessment). However, to allow businesses time to transition to the new standards, the government introduced a transition period during which businesses could use either CE or UKCA marking. Initially, the transition period was due to expire on 1 January 2022; however, the government delayed this date multiple times, the most recent deadline being 30 June 2025.
However, on 1 August 2023, the Department for Business and Trade (the DBT) announced its intention to indefinitely extend the use of CE marking applicable to 18 regulations that fall under the DBT, allowing businesses selling electronic, industrial and consumer products to use either CE or UKCA marking when placing their products on the market in Great Britain. The Product Safety and Metrology etc. (Amendment) Regulations 2024 (the Regulations) were then made on 23 May 2024 and came into force on 1 October 2024. The Regulations amended 21 product regulations by removing the expiry of CE marking and were applicable to a range of products, including construction machinery. However, construction products were not covered by these measures.
The Morrell-Day Review
The Independent Review of Product Testing and Certification, known as the “Morrell-Day Review” (the Review), was published in April 2023. The Review undertook a critical assessment of the system for testing and certifying construction products in the UK. It found that the UK’s testing capacity was inadequate to meet “the projected growth in demand as a consequence of the end of recognition of CE marking and changes to the Construction Products Regulations”. One of the ways in which the Review recommended that the government take action to relieve the pressures on the testing market was by continuing to accept CE marking indefinitely.
The Changes
Subsequently, in September 2024, the Parliamentary Under Secretary of State for Building Safety and Homelessness went on to issue a statement confirming that CE marking would continue to be recognised indefinitely when placing construction products on the market in the UK. Rushanara Ali, the Secretary of State for Building Safety and Homelessness, set out in her written statement that the government acknowledged the findings of the Review and agreed that “there is currently insufficient testing and certification capacity in the UK alone to provide the volume of conformity assessment that would be required were CE recognition to end”. Rushanara went on to state that it is clear that “ending recognition of CE marking without reforming the domestic regime would create trade barriers and negatively affect the supply of products that meet recognised standards”. However, it was made clear that the extension is conditional on the government committing to system-wide reform of the construction products regime. The Government has begun this process by issuing the Construction Products Reform Green Paper 2025 which is open for consultation until 21 May 2025, and is explored in more detail here.
Looking Forward
Additionally, the statement recognised the need for the construction industry to have sufficient certainty in order to support supply chains. As a result of this, the government confirmed that any subsequent changes to the recognition of CE marking would be subject to a minimum two-year transition period, which should be a source of some comfort for the industry.
If you would like further information on how these changes might affect you and your business, please don’t hesitate to get in touch.
References: UK Government announces extension of CE mark recognition for businesses; Independent Review of the Construction Product Testing Regime; Building Safety Statement.
Co-authored by Eleanor Addinall, Trainee Solicitor at CMS.
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