UKCA marking: roles and responsibilities

This guidance explains some of the obligations and responsibilities of the economic operators looking to complyuse with the new UKCA marking in Great Britain (GB).(GB). Great Britain is England, Wales and Scotland.

Economic operators under the relevant legislation are:

• manufacturers
• importers
• authorised representatives
• distributors

Manufacturers

A manufacturer is normally an individual or business who manufactures a product, or has a product designed or manufactured and markets that product under their own name or trademark.

For instance, an importer who markets a good under their name and trademark is usually considered to be the manufacturer and assumes the responsibilities of a manufacturer.

Manufacturers should check the relevant product specific legislation applicable to their product to understand their full responsibilities.

Obligations for all manufacturers

Before placing a product on the GB market, the manufacturer must ensure that the product has been designed and manufactured in accordance with the relevant safety requirements in the legislation.relevant legislation.

This will involve following relevant conformity assessment procedures as set out in the relevant regulationsregulations, (forfor example, self-declarationthe self-assessment and declaration or mandatory third-party conformity assessment).assessment.

Next, the manufacturer must draw up a declaration of conformity and place the UKCA marking visibly, legibly, and indelibly to the product.

However, legislation in certain product sectors may allow the UKCA marking to be alternatively affixed to one of the following:

• a label placed on the product,product
• a tolabel placed on the product’s packaging or to
• a document accompanying the product. product

These exceptions may require certain conditions to be met, such as the nature of the product making it impossible for the UKCA marking to be placed on it directly.

Manufacturers must draw up technical documentation and a UK declaration of conformity and keep both for 10the yearsperiod specified in the legislation (usually 10 years) after a product has been placed on the GB market.

This can Thisbe isused to to demonstrate to market surveillance and enforcement authorities, likefor example, the Office for Product Safety and Standards, that a product conforms with the regulatory requirements (if requested).requirements.

Find out more about the technical documentation required to show compliance.

Manufacturers must indicate their name, registered trade name or registered trademark, and postal address on the product. There may also be other product specific indications that manufacturers should include, such as a type, batch, serial, or model number.

Where it is not possible to indicate this on the product,product (for example, because the product is too small), the legislation may allow the manufacturer mustto ensureaffix the information is indicated on the packaging or in a document accompanying the product.

Manufacturers must ensure that the product is accompanied by instructions. The precise content and nature of the instructions will be product specific, but they generallymust should be clear, legible and in easily understandable English.

Manufacturers must also make certain that procedures are in place to ensure that any products in series production remain in conformity with the relevant product regulations. ForIn example,doing ensuringso, seriesyou products are bought into compliance when product regulations change. You must take account of any changes in the productsproduct’s design, characteristics, and designated standards or technical specifications to which the declaration of conformity was drawn up.

Manufacturers must act where they have reason to believe that the product(s) they have placed on the GB market are not in conformity with the legal requirements of the relevant regulationsregulations. andThey must immediately take the corrective measures necessary to bring the product into conformity or withdraw or recall it.

Where the product presents a risk, the manufacturer must immediately inform the enforcement or market surveillance authority.

Specific responsibilities for manufacturers

For certain product regulations,regulations in scope of this guidance, manufacturers or other relevant economic operators have specific obligations. These include regulations for:

• lifts
• machinery
• measuring instruments

This list is indicative and not exhaustive. Manufacturers or other relevant economic operators should check the relevant product specific legislation applicable to their product to understand their full responsibilities.

Read more about the new rules and how they apply in Northern Ireland.

You can also find more information about economic operator responsibilities for the EU in the guide published by the European Commission.

Importers

An importer is anybodyany (individualindividual or business)business established in the UK who supplies a product from outside the UK for distribution, consumption or use on the GB market in the course of a commercial activity.

TheAs importer’swell obligationsas buildensuring onthe frommanufacturer thehas obligationsfulfilled oftheir theresponsibilities, manufacturerimporters andhave authorisedother representative.obligations.

Importers should check the relevant product specific legislation applicable to their product to understand their full responsibilities.

Obligations for all importers

As an importer, you have legal obligations which go beyond those of distributorsdistributors, when placing a product on the GB market.

ImportersBefore mustplacing notproducts placein a non-compliant product on the market.scope They must ensure the manufacturer has carried out the correct conformity assessment procedures, subject to the requirements of thethis relevantguidance legislation. If the manufacturer has appeared to have supplied non-compliant products, then the importer must take the necessary corrective actions (for example, recalling products from the market) to prevent the products from being placed on the GB market, until they are compliant with the appropriate legislative requirements.

Moreover, an importer who markets a good under their name and trademark is usually considered to be the manufacturer and assumes the responsibilities of a manufacturer.

Where the product presents a risk, the importer must immediatelyindicate inform the relevant enforcement authority. You can read further information about how to notify an enforcement authority.

The importer must ensure the manufacturer has drawn up the correct technical documentation in English, affixed conformity markings, and has fulfilled their identificationdetails obligations. See our guidance on technical documentation and using the UKCAproduct. markingThese forinclude furthername, information.

Before placing products on the market, the importer must indicate their details (name, registered trade name or registered trademark,trademark and postal address – usually a number, street, and postcode) on the product. postcode.

Where this is unwarrantednot possible due to the nature of the product, the product specific legislation sometimes permits placing these details on packaging, or placing them on accompanying documentation, as an alternative to placing them to products themselves.alternative.

There are also special rules for products imported from an EEA statestate, or Switzerlandin some cases Switzerland, before 11pm on 31 December 2027. In these cases, to smooth the transition, the importer’s details can be set out elsewhere instead of being affixed to the product itself. This will typically be in an accompanying document or on the product’s packaging.

This measure applies to the following regulations:

• Electrical Equipment (Safety) Regulations 2016
• Electromagnetic Compatibility Regulations 2016
• Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations 2016
• Explosives Regulations 2014
• Lifts Regulations 2016
• Measuring Instruments Regulations 2016
• Non-automatic Weighing Instruments Regulations 2016
• Pyrotechnic Articles (Safety) Regulations 2015
• Simple Pressure Vessels (Safety) Regulations 2016
• Supply of Machinery (Safety) Regulations 2008
• The Pressure Equipment (Safety) Regulations 2016
• Toys (Safety) Regulations 2011
• Radio Equipment Regulations 2017
• Recreational Craft Regulations 2017
• Regulation (EU)(EU) 2016/426 and the Gas Appliances (Enforcement) and Miscellaneous Amendments Regulations 2018
• Regulation (EU)(EU) 2016/425 and the Personal Protective Equipment (Enforcement) Regulations 2018
• The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2012
• Weights and Measures (Packaged Goods) Regulations 2006

Qualifying Northern Ireland goods have different arrangements. You can find out more about qualifying Northern Ireland Goods.

Importers must not place a non-compliant product on the GB market.

They must ensure the manufacturer has:

• carried out the correct conformity assessment procedures
• drawn up the relevant technical documentation and instructions for use in English
• affixed the relevant conformity marking
• fulfilled their identification obligations

See our guidance on technical documentation and using the UKCA marking for further information.

If an importer considers that the product they have supplied is non-compliant, then the importer must take the necessary corrective actions. For example, taking action to ensure the product is compliant, or withdrawing or recalling products from the market.

Where the product presents a risk, the importer must immediately inform the relevant enforcement authority. You can read further information about how to notify an enforcement authority.

Moreover, an importer who markets a good under their name and trademark is usually considered to be the manufacturer and assumes the responsibilities of a manufacturer.

Importers must ensure that, while the product is under their responsibility, the storage or transport conditions do not jeopardise its compliance with the relevant UKessential productsrequirements. regulations.

ImportersThey must also retain a copy of the Declaration of Conformity and technical documentation for a period (usually 10 yearsyears) after the product has been placed on the GB market.

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Authorised representatives

An authorised representative (AR)(AR) is anybody (an individual or company) who is established in the United Kingdom and is appointed by a manufacturermanufacturer. They agree to carry out certain agreed specified tasks (for example, drawing up a UK Declaration of Conformity for a manufacturer) on their behalf, as defined in the relevant product legislation.

Where a manufacturer appoints an AR, the manufacturer remains responsible for the proper performance of any tasks delegated to the AR.

The delegation of tasks from the manufacturer to the authorisedAR representative must be explicit and set out in writing. If an AR is importing a product, then they alsowill adoptbe considered importers and therefore subject to the obligations of the importer too.

The manufacturer incould someappoint casesthe couldcompany appointimporting antheir product (who would be subject to the importer responsibilities) to carry out the delegated duties of the authorisedAR, representative, alongside the importer’s legal obligations.

There is a limit as to what the authorised representative can do. They arecannot notusually be responsible for safetyensuring andthat compliance,the forproduct example.

Ifis used,designed ARsand mustmanufactured bein establishedaccordance inwith the UK.essential requirements, for example.

Under some product legislation an authorised representative is mandatory, but in most cases it is voluntary. For instance, the supply of medical devices for the GB market will require a UK-basedUK-based responsible person to be appointed by the manufacturer. Check your respective product regulations to determine whether the use of an authorised representative is mandatory.

Where a manufacturer appoints an authorised representative, they may, among other things, ask them to:

• affix the UKCA marking.marking
• draw up and sign a UK Declaration of Conformity.Conformity
• keep the necessary technical documentation and to cooperate with market surveillance authorities

A manufacturer who delegates responsibility for any task to an authorised representative remains responsible for the proper performance of that task.

If an authorised representative is also acting as an importer, or distributor, they will also need to fulfil the obligations of those economic operators under the legislation. An AR cannot act as a manufacturer, although as above, they may perform tasks on the manufacturer’s behalf.

GB-establishedGB-established authorised representatives are not recognised in the EU.

Read more about the new rules and how they apply in Northern IrelandEU.

You can also find more about the practical implementation of the new rules in the EU and EEA published by the European Commission.

Distributors

A distributor is a person in the supply chain, other than the manufacturer or importer, who makes products available on the GB market. If a person established in the UK is bringing in a product from outside of the UK and placing it on the market, they will be considered an importer under the legislation and therefore thesenot personsa cannot be distributors.distributor.

Obligations for all distributors

Please note that this guidance to distributors is non-exhaustive. You should check the relevant legislation to understand your full responsibilities and whether there are specific obligations depending on the products you are placing on the GB market.

Before making a product available on the GB market, a distributor must take due care to ensure that it is in conformity with product regulations as they apply in GB. GB.

The distributor must verify that the manufacturer and importer (if relevant)there is one) have indicated their name, registered trade name or registered trademark, postal address, and any other required indications on the product.

Distributors must ensure that products bear the UKCA marking and are accompanied by the required documentation, instructions, and safety information.

Distributors must not make a product available if they have reason to believe it is not in conformity with the relevant essential safety requirements. If there is reason to believe the products are non-compliant, then the distributor must not make products available and take corrective actions to preventbring them from being placed on the GB market until the product has been brought into conformity.

Where the product presents a risk, the distributor must immediately inform the relevant enforcement authority.

Distributors must ensure that while the products are under their responsibility within the supply chain, the products storage and transport conditions do not jeopardise their conformity with theUK legislation.essential requirements.

Distributors must cooperate with and provide information to the market surveillance authorities following a request.

ThereCertain arepieces noof distributorlegislation obligationsuse fordifferent productsconcepts fallingand underdefinitions. eitherExamples include the Supply of Machinery (Safety) Regulations 2008, and the Noise Emission in the Environment by Equipment for use Outdoors Regulations 2001. As such, there are no “distributor” obligations for products falling under these regulations.

End-users

Consumers and most professional end-users are not usually subject to obligations under the legislation. However, some professional end-users who ‘put products into service’ may be subject to compliance obligations if set out in the product legislation.