**UPDATE**Can I use the UKCA mark on AVCP system 3 products tested by an EU notified body for the purpose of CE marking where this testing was done before 1 January 2023?

26 December 2022

In June 2022, the government announced an intention to allow manufacturers of construction products under AVCP system 3, whose products are tested by an EU notified body before 1 January 2023, to obtain a UKCA mark without having to retest through a UK-approved body. This was before the decision to extend the recognition of CE marking to 30 June 2025, In recognition that legislation has not been introduced to cover this issue, and until further notice, the Office for Product Safety and Standards (OPSS) will not take enforcement action against any economic actor solely where the UKCA mark has been used on construction products tested only by an EU recognised notified body for the purpose of CE marking where this testing was done before 31 December 2022

This measure was related to the intention at that time to end recognition of CE marking for construction products on 31 December 2022, and was subject to legislation. Following the latest intention to extend CE marking recognition for construction products until 30 June 2025, the government will not introduce the legislation to bring in these measures. Therefore it remains that UKCA marking should only be affixed to products tested by a UK approved body.

In recognition that legislation has not been introduced to cover this issue, and until further notice, the Office for Product Safety and Standards (OPSS) will not take enforcement action against any economic actor solely where the UKCA mark has been used on construction products tested only by an EU recognised notified body for the purpose of CE marking where this testing was done before 31 December 2022. OPSS takes all enforcement decisions on the basis of its enforcement policy.

See Question 9 on the weblink.

New Story originally posted on Members only area on 23rd December 2022, reposted here for wider circulation.



Written by: Lorna Williams