UKCA Compliance Part 3 – Separate Declarations?

Share this post:

Linkedin+

With the Transition period ending in 2021, Declarations of Conformity for most products will change.

The advice here is for GB and not the UK as a whole.

Can the same Declaration of Conformity for both the CE and UKCA processes? Note, Declarations are legal statements having a basis in law.

Some products have a specific common layout requirement for example products covered by:

  • the Electrical Equipment (Safety) Regulations,
  • the Pressure Equipment (Safety) Regulations,
  • the Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations,
  • the Electromagnetic Compatibility Regulations,
  • the Lifts Regulations,
  • the Radio Equipment Regulations.

A single Declaration should list all relevant legislation with the UKCA one being identical to CE but with UK information.

For machinery, however, there are just specific content requirements, not a specific format. Frequently, however, one or more of these other regulations also apply to machinery and a single joint declaration in the required format is recommended for both.

UKCA declarations should reference ‘UK Designated Standards’ and need to have the national pre-fix (BS) shown, for example, BS EN 60204 part 1. The declaration should be in English. For CE they should not have a national pre-fix and be in the EU language of the country being marketed in.

Any Authorised Representative being used must be identified. For UKCA they must be resident in the UK whereas for CE they are to be resident in the EEA. Neither system requires an AR.

Where used details of any EU Notified Body must be listed on the CE Declaration. For the UKCA, details of a UK Approved Body must be shown.

CE declarations must state the reference of all relevant EU product directives and regulations, e.g. ‘The Machinery Directive 2006/42/EC’.

UKCA declarations need the details of all relevant UK product regulations, e.g. ‘The Electrical Equipment (Safety) Regulations 1994 as amended’.

CE requires the declaration to contain a sentence declaring that “the machinery fulfils all the relevant provisions of directive 2006/42/EC” and “of the Supply of Machinery (Safety) Regulations 2008 as amended” for UKCA.

For machinery, both require the name and address of the person authorised to compile the technical file. For CE, this must be someone established in the EU. For the UKCA, there is no restriction.

For any more information relating to UKCA compliance, please don’t hesitate to contact howard.wheeler@finch-consulting.com.