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Brexit updates – UKNI marking

Brexit updates – UKNI marking
May 04, 2021

The Northern Ireland Protocol comes into force from 1 January 2021. For as long as it is in force, Northern Ireland will align with all relevant EU rules relating to the placing on the market of manufactured goods. Please note your products meet those rules by using conformity markings.

 UKNI marking is new conformity marking for products placed on the market in Northern Ireland which has undergone mandatory third-party conformity assessment by a body based in the UK. This guide explains how to use the UKNI marking (sometimes referred to as the UK(NI) mark or the UK(NI) indication).

Goods on the market in Northern Ireland

You need to use conformity marking if you are placing certain goods on the market to show they meet the relevant rules. In Northern Ireland, EU conformity markings will continue to be used to show goods meet EU rules after 1 January 2021. If you are using a UK body to carry out mandatory third-party conformity assessment you also need to apply a UKNI marking. The UK government will guarantee unfettered access for Northern Ireland’s businesses to the whole of the UK market, without the need for additional approvals before placing goods on the market in the rest of the UK. You will be able to place qualifying Northern Ireland goods on the market in Great Britain based on the conformity markings you use in Northern Ireland.

Goods on the EU market

The UKNI marking will not be recognized on the EU market. If you are placing goods on the EU market, you must use the CE marking on its own, without the UKNI marking.

Your goods may require different markings for different markets. You may use combinations of the product markings listed in each box and your goods may be acceptable with more than one marking. For example, a product with both the CE and UKCA markings can be placed on the EU market. Although, for the EU market the CE mark must appear without the UKNI indication as goods bearing the ‘CE and UKNI’ marking are not acceptable in the EU market. This means these goods must be manufactured to EU rules and cannot be assessed by a body based in the UK.

When to use the UKNI marking You need to use the UKNI marking if all of the following apply:

1. If you are placing certain goods (mostly those goods subject to the CE marking) on the Northern Ireland market from 1 January 2021.

2. If  your goods require mandatory third-party conformity assessment.

3. If you are planning to use a UK body to carry out those conformity assessments from 1 January 2021.

You will not be able to use the UKNI marking if either of the following applies:

1. If you are placing goods on the market in the EU.

2. If you are planning to use an EU body to carry out conformity assessments.

3. If you are a manufacturer based in Northern Ireland (or the manufacturer’s authorized representative) and you currently mark your goods on the basis of a supplier’s declaration of conformity, you will not need to make any changes. Your goods will continue to be valid on the UK and EU markets using the relevant conformity markings.

Placing the UKNI marking

In general, you must apply the UKNI marking to the product itself or to the packaging. In some cases, it may be placed on the manuals or on other supporting documents. This will vary depending on the specific regulations that apply to the product.

The following general rules apply:

1. If the UKNI marking must only be placed on a product by you as the manufacturer or your authorized representative.
when attaching the UKNI marking to accompany another conformity marking, you take full responsibility for your product’s conformity with the requirements of the relevant legislation. You must not place any marking or sign that may misconstrue the meaning or form of the UKNI marking to third parties.

2. If you must not attach other markings on the product which affect the visibility, legibility or meaning of the UKNI marking.

3. If the UKNI marking cannot be placed on products unless there is a specific requirement to do so in the legislation.

4. If the UKNI marking must accompany another conformity marking; it never appears on a product alone.

Rules for using the UKNI marking:

You must make sure that:

1. The UKNI marking is at least 5mm in height – unless a different minimum dimension is specified in the relevant legislation.
2. The UKNI marking is easily visible, legible, and permanently attached EU Declaration of Conformity.

The EU Declaration of Conformity is a document that must be drawn up for most products lawfully bearing a CE marking, whether it is accompanied by a UKNI marking or not. In this document you as the manufacturer, or your authorized representative (were allowed for in the relevant legislation), should:

Declare that the product is in conformity with the relevant regulatory requirements applicable to the specific product
Make sure the document has the name and address of the manufacturer (or your authorized representative) together with information about the product and the conformity assessment body (where relevant)

The EU Declaration of Conformity should be available to enforcement authorities on request. The information required on the Declaration of Conformity will be the same as what has been required before 1 January 2021.

Based on information from Gob.UK Website.

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