Guidance on EU & UK compliance of electronic devices from 1st January 2023
The transition period following the UK’s departure from the EU came to an end on 31st December 2020. The EU-UK Trade and Cooperation Agreement come into force from the 1st January 2021. This article by RN Electronics provides guidance on what you'll need to do as a supplier of electronic goods to the EU and/or UK. It only discusses equipment that is included in the EMC, Radio Equipment and Low Voltage Directives and the equivalent UK regulations.
The EU-UK Trade and Cooperation Agreement does not include any Mutual Recognition of conformity assessment between the EU and UK. The UKCA mark is not accepted on the EU market and, after a transition period, the CE mark will not be accepted on the GB market (England, Scotland & Wales). There are different rules in place for the Northern Ireland market.
UK equipment on the GB market
UKCA marking will be required, however in most cases it will be possible to use CE marking until 1st January 2023. From 1st January 2023 it will be necessary to use UKCA marking and Declarations of Conformity (DoC) to UK Regulations; Electromagnetic Compatibility Regulations 2016, Radio Equipment Regulations 2017, Electrical Equipment (Safety) Regulations 2016. Like the equivalent EU Directives (EMCD, RED & LVD) it is allowable to self-declare compliance to these regulations, although for Radio standards only when the manufacturer has applied the UK designated standards.
Testing remains to be against EN standards. For a full list of UK designated standards, can be viewed here. From 1st January 2021 the UK standards should be the same as the harmonised standards published on the Official Journal of the EU (OJEU) however there is the potential for the lists to no longer be aligned in future.
EU equipment on the GB market
UKCA marking will be required however in most cases it will be possible to use CE marking until 1st January 2023. From 1st January 2023 it will be necessary to use UKCA marking and Declarations of Conformity (DoC) to UK Regulations, see above guidance. Testing is to EN standards in accordance with UK Regulations; Electromagnetic Compatibility Regulation (EMC), Radio Equipment Regulation (RE) or Low Voltage Directive (LV).
If you are a UK business who previously were the distributor of the equipment in the UK, you are now legally the importer. Importers have more legal responsibilities than distributors, such as holding the technical information, including the UK Declaration of Conformity and confirming that the manufacturer has carried out the correct conformity assessment procedures. There is a transitional period ending on 31st December 2022 after which the importer details (name and address) must be affixed to the equipment. During the transition period the importer details can be provided in accompanying documentation.
GB equipment on the EU market
CE marking continues to apply as the EU does not recognise the UKCA mark. Testing is to EN standards in accordance with EU Directives; EMC Directive, Radio Equipment Directive (RED) or Low Voltage Directive (LVD). You should continue to have an EU Declaration of Conformity within your technical files.
From 16th July 2021, GB companies selling products to the EU will require an Importer or Authorised Representative based in the EU due to the Market Surveillance Regulation (2019/1020). If you sell products directly to EU businesses or consumers you will need to appoint an Authorised Representative. You must delegate, in writing, responsibility for providing technical information, including the EU Declaration of Conformity, to national surveillance representatives upon request. Other responsibilities such as affixing the CE mark or signing the Declaration of Conformity can also be delegated.
EU equipment on the EU market
CE marking continues to apply. Testing is to EN standards in accordance with EU Directives; EMC Directive, Radio Equipment Directive (RED) or Low Voltage Directive (LVD).
Equipment on the Northern Ireland market
CE marking continues to apply however it is also possible to use UKNI marking. See the guidance on placing goods on the Northern Ireland market.
For further advice and support, contact RN Electronics / +44 1277 352219.