CE and UKCA Marking for Product Compliance Post-Brexit

CE and UKCA in Brief

UKCA marking required for most goods placed on the GB market
CE marking continues to be recognised for many product types
Northern Ireland uses CE plus UKNI under the Windsor Framework

Conformity Marking in the UK

Conformity marking is the manufacturer's declaration that a product complies with the legal requirements that apply to it - typically safety, electromagnetic compatibility, environmental performance, and similar requirements set out in product-specific UK regulations. The two main marks used in the UK are:

UKCA marking - the UK Conformity Assessed mark, introduced after Brexit for products placed on the market in Great Britain (England, Scotland and Wales)
CE marking - the European Conformity mark, used for products placed on the EU market and, for most product types, still accepted in Great Britain

Northern Ireland operates under separate arrangements - products placed on the Northern Ireland market generally use CE marking, with UKNI marking applied in specific situations under the Windsor Framework.

The relationship between UKCA and CE has changed several times since Brexit. The UK Government has extended CE recognition in Great Britain for most regulated product categories, meaning a CE-marked product can in many cases still be placed on the GB market without separate UKCA marking. The position varies by product type and is set by sector-specific regulations, so manufacturers and importers need to check the current rules for their specific product category before relying on either mark alone.

Who Needs to Mark Their Products?

Conformity marking obligations apply to anyone placing a regulated product on the UK market for the first time. The legal duty falls on:

Manufacturers - the business that makes the product or has it made and places it on the market under their own name or trade mark. The manufacturer carries the primary responsibility for conformity assessment, technical documentation and marking
Importers - businesses that bring products into the UK from outside. The importer takes on most of the manufacturer's obligations and must verify the manufacturer has done the conformity assessment correctly
Own-brand resellers - businesses that sell products under their own brand without manufacturing them themselves. They are usually treated as the manufacturer for marking purposes
Distributors - businesses that simply pass products along the supply chain without changing them. Distributors have lighter obligations - mainly to check that the product is correctly marked, has the right documentation, and is stored or transported in a way that does not affect compliance

For most service-based SMEs that do not manufacture or import, conformity marking is not directly relevant. The duties bite where an organisation makes products, brings them into the UK, or sells them under its own brand.

The Conformity Assessment Process

The exact steps depend on the product category and the level of risk involved. Lower-risk products (for example, many simple electrical items) can be self-declared by the manufacturer following standardised procedures. Higher-risk products (for example, lifting equipment, pressure vessels and certain construction products) require involvement of a third-party body - an Approved Body in the UK or a Notified Body in the EU - to verify the conformity assessment.

The general pattern across product regulations is:

Identify the applicable regulations - which UK regulations cover the product, and which essential requirements apply
Apply the relevant standards - designated standards published by the Secretary of State (UK) or harmonised standards (EU) provide a presumption of conformity if followed
Carry out the conformity assessment - testing, inspection and any third-party involvement required for the product type
Compile the technical file - the documentation showing the design, the standards applied, the test results and the assessment process. The file must be retained for the period set by the relevant regulations - often 10 years
Issue a Declaration of Conformity - a signed statement by the manufacturer that the product meets the applicable requirements
Apply the marking - UKCA, CE or both, in the form and location specified by the regulations, along with any associated identification numbers

Once the product is on the market, the manufacturer needs to maintain records, monitor for safety issues, take corrective action where defects come to light, and notify the relevant authorities if a product is found to be unsafe. These ongoing duties run alongside the wider product safety obligations under the General Product Safety Regulations 2005 and any sector-specific regime.

For SMEs that manufacture, import or own-brand products, conformity marking is one of the higher-risk compliance areas because the rules are detailed, sector-specific, and prone to change as the post-Brexit framework continues to settle. The right approach is usually to identify the regulations that apply to your specific product category, identify whether self-declaration is permitted or whether a third-party assessment is required, and document the assessment process in a way that can be audited later. The technical file is what an enforcement body will ask to see if a question arises about a product's compliance.

Spotlight - BS EN 1090 for Structural Steel and Aluminium

Fabricators of structural steel and aluminium components for use in construction need to comply with the Construction Products Regulations and the BS EN 1090 series of standards. The structure works as follows:

BS EN 1090-1 - the conformity assessment standard. Sets out the requirements for the manufacturer's Factory Production Control system and the procedure for declaring conformity
BS EN 1090-2 - the technical requirements for steel structures
BS EN 1090-3 - the technical requirements for aluminium structures
BS EN ISO 3834 - the supporting welding quality management standard. Fabricators carrying out welded construction need to demonstrate compliance with the appropriate part of ISO 3834

BS EN 1090 conformity is mandatory for structural components placed on the market for use in construction works. A Factory Production Control system needs to be in place and certified by an approved body before the manufacturer can declare conformity and apply the marking. The certification covers the welding personnel qualifications, the welding procedure specifications, the inspection and testing arrangements, and the document control that ties it all together.

For fabricators, the practical answer is an integrated management system that combines the quality requirements of ISO 9001, the welding QMS of ISO 3834, and the Factory Production Control of BS EN 1090-1 in a single documented framework. The alphaZ BS EN 1090 toolkit below provides the integrated documentation set.

The thing that catches small fabricators out on EN 1090 is not the technical standards themselves - it is the gap between what they actually do on the shop floor and what the file says they do. Welders working from out-of-date procedure specifications. Welding records that exist but cannot be traced back to a specific job. Inspection points completed by someone whose qualification expired two years ago. Factory Production Control is not a one-off audit - it is an ongoing system, and the approved body will look at the records every year. A fabricator with a working integrated management system has the certification audit go smoothly. A fabricator running on memory and goodwill will find it does not.

Enforcement

UK conformity marking is enforced by several bodies depending on the product type:

Office for Product Safety and Standards (OPSS) - the national regulator within the Department for Business and Trade. Handles serious incidents, national-scale enforcement and policy work
Trading Standards - local authority enforcement for most consumer-facing product issues, including incorrect or missing marking and unsafe products
Sector regulators - including the MHRA for medicines and medical devices, the HSE for chemicals and certain industrial products, and Ofcom for radio equipment
Approved Bodies - the third-party conformity assessment bodies that issue certificates for products requiring a third-party assessment. They have their own surveillance regime that sits alongside the regulator's enforcement

Penalties for incorrect marking, missing marking, or false declarations of conformity can include criminal sanctions, civil enforcement orders, product recalls, and removal of products from the market. For products with safety implications, the consequences extend to civil liability for personal injury and damage caused by defective products under the Consumer Protection Act 1987.

What I look for on conformity marking in audits is the link between the technical file and the actual product on the shop floor or out in the market. Is the file current, or does it reflect a product version from three years ago? Are the test reports referenced in the Declaration of Conformity actually in the file? Have the materials, suppliers and processes changed since the conformity assessment was done, in ways that should have triggered a review? An organisation that has placed a product on the market and not reviewed the technical file since is exposed to enforcement action and to civil liability if a problem comes to light.

For BS EN 1090 fabricators specifically, the welding records are always the focus. Approved bodies look at the link between the welding procedure specifications, the welder qualifications, the production records and the inspection results. The Factory Production Control system holds it all together - if the records are organised, the surveillance audit goes smoothly. If the records are scattered across different files and people, the audit becomes painful.

Practical Advice

For fabricators of structural steel or aluminium components for use in construction, the BS EN 1090 toolkit provides the integrated management system needed for Factory Production Control certification. It combines the ISO 9001 quality requirements, the ISO 3834 welding QMS requirements, and the BS EN 1090-1 conformity assessment framework in a single documented set.

For other manufacturers, importers and own-brand resellers, the practical answer depends on the product category. The starting point is identifying the applicable UK product regulations, the relevant designated standards, and whether self-declaration or third-party assessment applies.

alphaZ document	How to use it
BS EN 1090 Toolkit (with ISO 9001 and ISO 3834)	The integrated management system toolkit for fabricators of structural steel and aluminium components. Covers Factory Production Control, welding quality management and the quality system needed for BS EN 1090 certification.
ISO 9001 Management System Toolkit	The standalone quality management system toolkit. Provides the underlying QMS framework that supports product conformity assessment, technical documentation and ongoing market surveillance.
IMS Toolkit (ISO 9001/14001/45001)	The integrated management system toolkit covering quality, environment and health and safety. Useful where conformity marking sits alongside wider environmental and safety obligations.
ER9 Legal Register	The legal register entry for the relevant product safety and conformity marking regulations sits here, alongside the wider regulatory framework.

Note: subscribers to alphaZ documents can download all of the documents above as part of the subscription.

Frequently Asked Questions

Is CE marking still accepted in the UK?

For most product categories, yes. The UK Government has extended CE recognition in Great Britain for the majority of regulated product types, meaning a CE-marked product can in many cases be placed on the GB market without separate UKCA marking. The position varies by product category and is set by the relevant sector regulations, so manufacturers and importers should check the current rules for their specific product. Northern Ireland operates under separate arrangements under the Windsor Framework, where CE marking remains the standard route for most products.

Do I need to use UKCA or CE for products on the GB market?

For most regulated product categories, either marking is currently acceptable for products placed on the GB market. UKCA was introduced as the post-Brexit GB conformity mark, but CE recognition has been extended for most product types. Manufacturers exporting to both the EU and the GB market often choose CE marking because it covers both markets in one process. Manufacturers selling only into the GB market may use UKCA. The detailed rules vary by product category and the current position should be checked against the relevant UK product regulations.

What is BS EN 1090 and who needs to comply with it?

BS EN 1090 is the standard that applies to fabricators of structural steel and aluminium components for use in construction. Fabricators need an approved Factory Production Control system, certified by an approved body, before they can place CE-marked or UKCA-marked structural products on the market. The framework combines BS EN 1090-1 (the conformity assessment standard), BS EN 1090-2 (steel) or BS EN 1090-3 (aluminium), and BS EN ISO 3834 (welding quality management). Most fabricators implement these alongside ISO 9001 in a single integrated management system.

Can I self-declare conformity, or do I need an approved body?

It depends on the product category and the level of risk. Lower-risk products - such as many simple electrical appliances - can be self-declared by the manufacturer, applying the relevant designated standards and compiling a technical file. Higher-risk products, including most lifting equipment, pressure vessels, certain construction products and PPE for higher-risk hazards, require an approved body to verify the conformity assessment and issue a certificate. The applicable conformity assessment route is set by the regulations covering each product category. Always check the current rules for your specific product before assuming self-declaration is permitted.

As an importer, what are my responsibilities?

Importers take on most of the manufacturer's obligations under UK product regulations. The importer must verify that the manufacturer has carried out the conformity assessment correctly, that the technical file exists, that the Declaration of Conformity is in place, and that the marking and labelling are correct. The importer also needs to retain the Declaration of Conformity, make sure the product instructions and safety information are in English, and keep records that allow products to be traced. Where a non-UK manufacturer cannot be reached by enforcement authorities, the importer is the first point of contact. There is no SME exemption from these duties.

UK Legislation

Further Resources