From Brexit Ambition to Economic Reality
Following its departure from the European Union, the UK government laid out a clear path to regulatory independence: a new UK-specific product safety mark, the UK Conformity Assessed (UKCA), would replace the EU’s long-standing Conformité Européene (CE) mark for goods sold in Great Britain. This move was a tangible symbol of Brexit, establishing a distinct British regulatory system. However, what began as a firm political objective has since given way to economic pragmatism. After years of uncertainty and repeated delays, the government has reversed course, announcing that for most products, the CE mark will be accepted indefinitely.
A Timeline of Uncertainty
The transition to a mandatory UKCA system was turbulent from the start. The mark became available on 1 January 2021, but an “adjustment period” allowing the continued use of the CE mark was set to end on 1 January 2022. As the deadline approached, it became clear that industry was not ready for the switch.
This led to a series of postponements that created significant disruption for businesses:
First Extension: In August 2021, the deadline was pushed back a year to 1 January 2023.
Second Extension: In November 2022, with businesses still struggling, the government announced a further two-year delay, setting a new “cliff-edge” date of 31 December 2024.
The Final Reversal: In August 2023, the government abandoned the deadline altogether. It announced its intention to indefinitely recognize the CE mark for 18 product categories, a decision that was later expanded to 21 and enshrined in legislation in 2024.
Why the U-Turn? The Voice of Industry
The government’s policy reversal was a direct response to sustained pressure from the business community. Industry bodies argued that forcing a switch to a UKCA-only system would create a significant and unnecessary burden. The core arguments were compelling:
Avoiding Cost and Duplication: Since UK and EU technical standards for most products remained identical, businesses faced the prospect of paying for two separate, costly certification processes for the same item.
Protecting Competitiveness: Manufacturers warned that the added red tape would make the UK a less attractive place to do business and sell goods, harming the competitiveness of British firms.
Supporting Small Businesses: Smaller companies, in particular, lacked the resources to navigate a complex new regulatory regime and would be disproportionately affected.
The government ultimately adopted this reasoning, framing the indefinite extension as a “pragmatic” and “common sense” decision to cut red tape, reduce costs, and provide long-term certainty for businesses.
The Rules Today: A Dual System
For businesses selling goods in Great Britain, the landscape is now more flexible. For 21 product categories—including toys, machinery, electronics, and personal protective equipment—companies can choose to use either the UKCA or the CE mark.
However, key distinctions remain:
Conformity Bodies: Mandatory third-party assessments for the UKCA mark must be done by a UK-based “Approved Body,” while CE marking requires an EU “Notified Body”.
Geographical Scope: The UKCA mark is only valid in Great Britain (England, Scotland, and Wales). The CE mark is needed for the EU and is also accepted in Great Britain and Northern Ireland.
The Exceptions to the Rule
This flexibility is not universal. The government has taken a more cautious, sector-specific approach for higher-risk products. Notable exceptions with their own distinct transition rules include:
Medical Devices: Have extended deadlines for CE mark acceptance, running until 2028 or 2030 depending on the device class, to prevent disruption to patient supply.
Construction Products: Following similar delays, the CE mark will also be recognized beyond a previous June 2025 deadline, pending a wider reform of the sector’s regulatory system.
Other specialized areas like rail products and marine equipment also follow separate rules.
A Pragmatic Path Forward
The UK’s journey from a mandatory UKCA mark to a dual-system highlights the immense practical challenges of regulatory divergence. The current policy prioritizes economic stability and has been widely welcomed by industry. While the government retains the right to mandate the UKCA mark in the future should UK and EU rules diverge significantly, for now, businesses can benefit from a simpler, more streamlined approach to market access. This episode serves as a clear example of economic reality tempering political ambition in the post-Brexit era.
