The Machinery Directive has been enforceable in the UK since the mid-90s and harmonised standards have been adopted or produced in the UK for a similar period.
Since leaving the European Union (EU) in January 2020, the UK Government has declined to adopt an alignment approach with the EU. However, the UK’s 2018 European Union (Withdrawal) Act retained a significant proportion of EU-derived law.
The UK Government announced in August 2023 that CE will remain valid in the UK indefinitely. It should be noted that this has not removed UKCA marking. It may be appropriate to UKCA mark instead of CE mark your products if they are for sale only in the UK.
The UKCA marking is not recognised in the EU market. Products currently requiring a CE marking will still need a CE marking for sale in the EU.
MSCS can convert your CE marking to both UKCA and CE as a combined certification. A Declaration of Conformity can be produced to cover both regulations with only a small amount of work in most cases. When regulations differ in the future, we will keep you informed of this and offer advice on maintaining the conformity of your products. We can modify the Technical File where appropriate as an ongoing service to our clients. The UKCA marking will not be recognised on the EU market, and products currently requiring a CE marking will continue to require a CE marking for sale in the EU. In essence, the situation described means that if machinery is CE compliant then it will continue to be compliant in the UK for the near future.
You can continue to use the CE mark indefinitely for equipment being supplied to the UK. However, you can apply the UKCA mark to new machinery supplied to the UK and CE marking to those sold to the EU. MSCS will apply this approach to all certification and issue declarations from our head office in Northamptonshire and our partners in the EU as applicable.
This does not automatically require two different versions for the two markets. As stated earlier, the rules in 2024 are still aligned, so this is a simple administrative task. However, as the standards of each certification differ, we will advise or promote a harmonised methodology that complies with both depending on our client’s preference.
Either way, we have you covered.
The Market Surveillance Regulation was adopted by the European Commission to ensure the safety of products sold within the EU. This is to be mirrored in the UK, operating the same way. It is part of the ‘Goods Package’, aiming to ensure that products placed on the market comply with legislation. Until recently, consumers have been considered importers of the products they buy online. Importers are legally responsible for ensuring that products comply with safety standards, yet most end-users have been unaware of whether the products they buy online are certified as safe or not. The Market Surveillance Regulation closes this loophole by strengthening controls on products sold in the area in three main ways:
All CE marking directives and regulations require Technical Documentation/Technical Construction Files to be made available to European Economic Area authorities from a reasoned request. This has been mirrored in the UK for UKCA marking and requests from the Health and Safety Executive/Trading Standards. If the Technical Construction File is not held in the area, it can cause problems. From July 2021, EU Regulations on Market Surveillance will require all product suppliers in the EU to have an importer, fulfilment provider or ‘Authorised Representative’ who will be able to supply the relevant documentation to the authorities on request.
The ‘Authorised Representative’ is a legal party based in the EU that acts as a liaison between a manufacturer outside the EU and competent national authorities within the EU.
Although each directive may have some differences in the requirements, it is generally the rule that the Authorised Representative ensures the documentation is adequate and provides it upon request from an authority within the EU.
If you sell into the EU using an importer, the importer has the responsibility to ensure the product is CE marked and safe. The importer needs a copy of the Technical File. If the importer represents several similar products, this can lead to a conflict of interest.
If supplying via a fulfilment centre, the fulfilment centre has the responsibility to supply the Technical File to authorities on request. They should ensure the product is suitable for purpose and CE marked correctly.
If neither of these alternatives is acceptable, and there is no EU representative, then an Authorised Representative will be required. The Authorised Representative needs a copy of the Technical File, but also needs to ensure it is suitable for purpose, as they have a legal duty to provide it on request and work with the authorities to ensure the product is compliant and safe for use within the EU. MSCS can act as an Authorised Representative for non-EU companies wishing to supply products to the EU.
MSCS operates in the UK and EU and can hold these documents and make it available to authorities. Where necessary, we can also review the documentation to ensure it meets the requirements. If any issues are identified, we can explain what is needed easily and understandably. We then provide our details for your documentation as the entity that compiles Technical Files on Declarations of Conformity/Incorporation.
