UK Government announces indefinite extension of EU’s ‘CE’ product laws

What on EARTH are they thinking? The 'CE' mark stands for “Conformité Européene”

Montage © Facts4EU.Org 2023

We are supposed to have left the EU – this is the Rejoiner Civil Service at work

Almost unbelievably, yesterday the Department for Business and Trade and its Remain-voting Minister Kevin Hollinrake MP announced “an indefinite extension” for British companies to continue to to put the EU’s ‘CE’ (‘Conformité Européene’) mark on their products after the end of 2024.

The vast majority of UK businesses do not sell to the EU, according to HMRC. And yet the Dept for Business and Trade wants to extend the validity of this EU symbol on UK products indefinitely. This in turn means that the companies using it will have to ensure their products meet all new EU rules, regulations and directives.

What is going on?

When the United Kingdom (minus Northern Ireland) finally left the EU on 31 December 2020, a new UK product conformity ‘mark’ came into being. The UK Conformity Assessed (UKCA) marking indicates conformity with the applicable requirements for products sold within Great Britain.

Since Brexit, companies in GB have been able to choose which mark they use – the EU’s ‘CE’ or the new UKCA. There is a separate mark for Northern Ireland known as the UKNI, but this can only be displayed alongside the EU’s ‘CE’ mark. This is further proof of the extent to which EU laws continue to apply in Northern Ireland.

A shocking history of repeated failures

Below we are showing the catalogue of failures by the Government and Civil Service regarding the cessation of the CE mark.

Brexit Facts4EU.Org Summary

The poor history of rescinding the EU's 'CE' marking

01 Jan 2020 : Law for UKCA marking comes into force
01 Jan 2022 : First deadline to cease recognising the CE mark
31 Dec 2022 : Second deadline to cease recognising the CE mark
31 Dec 2024 : Third deadline to cease recognising the CE mark
01 Aug 2023 : Announcement that CE mark is extended indefinitely

[Sources: Official UK Government announcements.]

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Business Minister Kevin Hollinrake said yesterday:

“The Government is tackling red tape, cutting burdens for business, and creating certainty for firms – we have listened to industry, and we are taking action to deliver.
“By extending CE marking use across the UK, firms can focus their time and money on creating jobs and growing the economy.”

Toys ‘R’ EU

Only on Friday (28 Jul 2023), the unelected EU Commission announced they will be introducing new and additional Regulations governing toys. By the UK Government retaining the CE mark indefinitely, this means UK suppliers will have to abide by these new rules. British MPs will have no say over these.

One implication will be that British toy-makers will be required to have an EU-approved ‘Digital Product Passport’ for every toy they produce, in addition to obeying many other new EU rules.

Some of the UK’s retained EU laws that will now have to be updated

Below we list some of the EU laws which apply to products, together with the applicable UK retained law. Under the Government’s original plans, any EU Retained Laws not otherwise amended would have been – by default – scrapped at the end of this year. This promise itself has now been scrapped.

Brexit Facts4EU and CIBUK asked former Brexit Minister and current Deputy Chairman of the ERG, the Rt Hon David Jones MP, to comment on our report

“One of the principal reasons the UK voted to leave the EU was to develop its own regulatory system, more suited to British conditions.
“The vast majority of UK firms don’t export to the EU, yet are now apparently expected to use the CE mark indefinitely. That means a continued dynamic adherence to EU standards, even when they are unsuited to British conditions.
“This announcement is fairly obviously the work of Remain forces within the civil service. Ministers should think twice about it and ensure that British businesses are relieved of the burdensome regulation that rolls unremittingly out of the Brussels red tape factory."

List of some of the EU laws and their UK equivalents

EU Legislation

UK Legislation

Toy Safety - Directive 2009/48/EC

Toys (Safety) Regulations 2011

Recreational craft and personal watercraft - Directive 2013/53/EU

Recreational Craft Regulations 2017

Simple Pressure Vessels - Directive 2014/29/EU

Simple Pressure Vessels (Safety) Regulations 2016

Electromagnetic Compatibility - Directive 2014/30/EU

Electromagnetic Compatibility Regulations 2016

Low Voltage Directive 2014/35/EU

Electrical Equipment (Safety) Regulations 2016

Non-automatic Weighing Instruments - Directive 2014/31/EU

Non-automatic Weighing Instruments Regulations 2016

Measuring Instruments - Directive 2014/32/EU

Measuring Instruments Regulations 2016

Lifts - Directive 2014/33/EU

Lifts Regulations 2016

ATEX - Directive 2014/34/EU

Equipment and Protective Systems Intended for use in Potentially Explosive Atmospheres Regulations 2016

Radio equipment - Directive 2014/53/EU

Radio Equipment Regulations 2017

Pressure equipment - Directive 2014/68/EU

Pressure Equipment (Safety) Regulations 2016

Personal protective equipment - Regulation (EU) 2016/425

Regulation 2016/425 on personal protective equipment as it applies in GB

Gas appliances - Regulation (EU) 2016/426

Regulation 2016/426 on gas appliances as it applies in GB

Machinery Directive 2006/42/EC

Supply of Machinery (Safety) Regulations 2008

Outdoor Noise Directive 2000/14/EC

Noise Emission in the Environment by Equipment for use Outdoors Regulations 2001

Ecodesign of energy-related products - Directive 2009/125/EC

Ecodesign for Energy-Related Products Regulations 2010

Observations

This is not what we voted for

It is regrettable that in his very short statement yesterday, the Remain-voting Business Minister, Kevin Hollinrake MP completely misses the point. In the largest democratic vote in British history the British people voted to ‘take back control’.

Instead we have another example of the Government deciding to keep large parts of the GB and NI economies glued to EU laws, directives, rules, and regulations. It is ignominious that we shall all be buying British products indefinitely with the EU’s ‘Conformité Européene’ stamped on them.

No-one is suggesting that we should not continue to have UK laws on product safety. These were natural targets for possible revision, not repeal. The point is that this should have been decided by UK bodies, endorsed by UK lawmakers, in the national interest.

Instead we will now be wedded to the laws, regulations, directives and rules of the European Union Commission, ad infinitum.

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[ Sources: Dept for Business and Trade | EU Commission ] Politicians and journalists can contact us for details, as ever.

Brexit Facts4EU.Org, Wed 02 Aug 2023

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Reader Comments 29

1. Ashley Great Britain , Wednesday, August 02, 2023, 06:25:

It's the woke blob rejoin Eu loving factions trying not to fully leave the EU.
We should have our own safety standards and law, And only our own. It should be up to individual businesses if they want to use the CE mark.
Now everyone is under the EU thumb again being forced to conform to what they want.
These rejoiner ministers and civil servants need to be sorted out! It's proof yet again that we are being run by people that don't want to leave the EU, And they are doing what they want with impunity.

2. terence patrick hewett , Wednesday, August 02, 2023, 06:38:

It has been clear for a long time, that the whole of the Westminster midden has to be reformed: there is hardly a state run department or service that has not been corrupted and is not fit for purpose. Our systems of govt were fit for the 19th/20th centuries, but after 1945 they were obsolete - it is to the credit of the Thatcher administration, that they overcame this: those who came after were 5th raters, and still are. The only solution is to clear the whole boiling out: it too diseased to effect a cure. That means getting a private sector hatchet-man in to clear out the deadwood, before anything can be achieved. Only a Farage led Reform UK administration could do this. The current political parties are part of the problem.

3. Sparky , Wednesday, August 02, 2023, 06:47:

Quite simple but inevitable and should have been predicted in leaving EU.
.
Peace in NI must be maintained.
.
GF Agreement must be preserved
.
Single market made GF workable
.
NI stays in single market.
.
NI protocol, WF places border between NI and GB
.
The only way to truly leave the EU is to progress Irish unification which will mean UK becomes GB and Union flag is redesigned. No UK Govt will accept that as a solution.
.
Keeping NI in UK anchors UK to EU.
.
Welcome to BRINO
.
Now listen to Brexitears blaming everyone else except Brexit.

4. Captain Thunderbolt , Wednesday, August 02, 2023, 07:45:

3. Sparky
Delusional like always
1, what should have been predictable on leaving the EU the only thing that was and should have been was leaving the CU/SM and its regulations/laws
2. That's always been the goal
3. Again, always the goal
4.GFA didn't need the single market as it's not a trade agreement.
5. Which goes against the UK constitution set forth in 1801 and consent in GFA
6.Which needed not have happened as above shows
7.Only way to truly leave is for the NI electorate consent on articles 5-10 in the NI protocol, as the UKGov now has to consider its part in CPTPP accession process.
8.No, only politicians and civil servants are keeping UK tied to EU regulations.
9.only through the actions of those in 8.
10.no one blaming Brexit...... only blaming those whose actions undermine the ability to take advantage of leaving the EU

5. Captain Thunderbolt , Wednesday, August 02, 2023, 08:00:

1. Ashley Great Britain
Agree it could be done
MRA between UK/AU
Mutual Recognition Agreement (MRA)
A new Mutual Recognition Agreement (MRA) for Conformity Assessment, Certificates and Markings between Australia and the UK came into force on 1 January 2021.
Devices
Under the MRA, the TGA can issue UK Conformity Assessment (CA) certification to Australian medical device manufacturers for use in the UK (subject to a range of requirements).
This is from ASEAN-Australia-New Zealand FTA
2. Each Party shall give positive consideration to accepting as equivalent, technical regulations of another Party, even if these regulations differ from its own, provided it is satisfied that these regulations adequately fulfil the objectives of its own regulations.
3. Where a Party does not accept a technical regulation of another Party as equivalent to its own it shall, upon request of the other Party, explain the reasons for its decision.

6. Sparky , Wednesday, August 02, 2023, 08:16:

4 CT
Delusional, you mean Brexit I believe, Folly might be a more accurate description
4. Agree, GF is a peace agreement.
5. No it doesn't, that was settled through the court of appeal.
7. NI won't leave the Union for at least a generation, the peace is two sided both the Unionists and the Republicans. If NI unified or a border is created with RoI peace may be at risk so UK ends tied to EU.
The BBC recently had a brilliant but sobering documentary, "One Upon A Time in Northern Ireland", a superb documentary that only the BBC could have produced, it shows the pain that the area went through and how fragile the current peace still is.
10. Recent polls (yes I also take them with a pinch of salt) According to YouGov, 57% of voters believe Brexit was a mistake while just 32% thought Brexit was the correct decision. YouGov also found a majority of voters, 51%, now want to rejoin the EU.
.
As for Reform, I like Richard Tice, but never heard him offer any solutions to NI. Farage and Hoey have, they said RoI should leave the EU, that would resolve the NI issue but I can't believe their impertinence to suggest it to the Irish people.

7. Sparky , Wednesday, August 02, 2023, 08:22:

To quote David Jones MP above "Ministers should think twice about it and ensure that British businesses are relieved of the burdensome regulation". And what does he think UK businesses using CE mark UKCA mark and UKNI mark would be.
.
Will be interesting if this is a pre curser to relaxing of border checks for EU imports. Those that JRM delayed as an act of self harm.

8. LuxuryBalloon , Wednesday, August 02, 2023, 10:39:

Even though the Rejoiner Civil Service is not to blame for the facts that NI is now a colony of the EU, that the number of illegal immigrants crossing the Channel on dinghies has increased exponentially and that EU fishermen are still over-fishing in our waters, it is good to blame them anyway … Drain the Swamp!

9. PJB , Wednesday, August 02, 2023, 10:59:

I'm confused. Will manufacturers no longer be able to use the UKCA mark? As long as that option is available regulatory divergence would still be possible (if unlikely, given the mindset of our politicians and bureaucrats).
Allowing continued use of the CE mark makes things easier for British firms which DO export to the EU - only one mark required.
One of the criticisms of the EU was it always had to have EU-wide regulations on products and processes, rather than allowing goods which met any member state's standards to be traded freely throughout the EU.
Continued recognition of the CE mark just seems to be saying that we have confidence in the EU's quality standards. I'd like to see this extended to some other countries' standards, too.
Of course, if the UKCA mark will no longer be valid, that's a different matter.

10. Captain Thunderbolt , Wednesday, August 02, 2023, 11:03:

6. Sparky , Wednesday, August 02, 2023, 09:16:
.
Delusional; No I mean you as you keep saying the same thing over and over again..........Delusional
(5) nope court agreed that it does conflict with Acts of the Union 1801, implied repeal got it over the line because the UK does not have a codified constitution
(7) was not talking about a border poll....the response was about consent mechanism within the NI protocol
(10) not sure why you are talking about polls, response was about the ability for politicians/civil servants to think for themselves without Brussels telling them what to do
.
7. Sparky , Wednesday, August 02, 2023, 09:22:
Do you understand the function of the CE/UKCA. mark?

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