Brexit FAQs

Brexit FAQs

LEEA offers technical advice as one of our key services.

Below is a selection of frequently asked questions (FAQs) received by our technical team in relation to the UKs exit from the EU.

Members can login to see a full list of FAQs.

Please Note: The content of the guidance given in these frequently asked questions is provided for general information only. Whilst they are intended to represent a standard of good practice, they have no legal status and compliance with them does not exempt you from compliance with any legal requirements. Although we make reasonable efforts to provide accurate guidance, we make no representations, warranties or guarantees, whether express or implied, that the content of the guidance given in these frequently asked questions and our interpretation of the requirements given is accurate, complete or up-to-date. It is therefore responsibility of those with specific duties under the legislation to ensure that they fulfil the obligations imposed on them.

Have a technical question that is not listed below? Check the LEEA Library or email technicaladvice@leeaint.com to see if we can help.

You only need to use the UKCA mark for products placed on the market in Great Britain or the UK(NI) Mark for products placed on the market in Northern Ireland on the 1st January 2021 if the lifting equipment;

  • Is covered by legislation which requires the UKCA mark, i.e. is currently CE marked, or you are placing the item on the market in Northern Ireland; and
  • Is third party conformity assessed; and
  • The conformity assessment has been carried out by a UK conformity assessment body and you haven’t transferred your conformity assessment files from your UK body to and EU recognised body before the 1st of January 2021;

Otherwise it is a recommendation to be prepared as soon as possible, and by the 1st January 2022 at the latest to use the UKCA mark.

Lifting equipment is considered to be ‘placed on the market’ when it is made available in Great Britain, Northern Ireland, or the EU for the first time. Placing on the market refers to each individual item of lifting equipment and partly completed lifting equipment and not to a model or type. In order to place products onto the market in Great Britain and Northern Ireland the manufacturer or his authorised representative must fulfil all of the requirements of the Supply of Machinery (Safety) Regulations 2008 Part 3 General prohibitions and obligations. For the EU it is the national legislation that implements the Machinery Directive 2006/42/EC or the directive itself. They must also fulfil all of the obligations of any other legislation that applies to the equipment and its intended use, such as The Dangerous Substances and Explosive Atmospheres Regulations 2002 (ATEX 2014/34/EU in EU) or the Radio Equipment Regulations 2017 (RED 2014/53/EU in EU) for example.

Placing on the market is defined as making the lifting equipment available with a view to distribution or use. Making lifting equipment available implies that it will be transferred from the manufacturer, once all of the obligations imposed by the legislation have been completed, to another person such as a distributor or a user. The equipment is still assumed to be placed on the market if manufactured for the manufacturers own use.

Note for lifting equipment within scope of construction products regulations different rules apply. Products will need to be UKCA marked if placed on the market after 1st January 2022, refer to https://www.gov.uk/guidance/construction-products-regulation-from-1-january-2021 for further guidance.

A manufacturer outside of Great Britain, Northern Ireland, or the EU can authorise a legal representative within that country to act on some or all of the obligations required by the legislation. The specific obligations must be detailed within a contract and as a minimum must be to compile and supply the technical file. The manufacturer retains the responsibility for the lifting equipment and it meeting the essential health and safety requirements. The manufacturer will have conformity assessed and marked the equipment in this case.

Any employer taking equipment into their undertaking for use in Great Britain or Northern Ireland is responsible under PUWER regulation 10 to ensure that the equipment meets any and all essential health and safety requirements. They fulfil this obligation by accepting the declaration of conformity documentation and conformity assessment marking. Otherwise the user would have to take on responsibilities of those that have obligations under the supply legislation, i.e. importer, manufacturer, etc.

For EU countries a similar requirement will be imposed by the national legislation that implements the use of work equipment directive 2009/104/EC.

It is therefore important that they check the compliance of the equipment with the legislative requirements and recognise the correct documentation and marking.

Currently the UK and EU requirements are the same for self-certified goods and this is likely to be the case on the 1st of January 2021 as there are no plans to diverge at this time. This means that after the 1st January 2021 you can continue to CE mark your products and issue and EC Declaration of Conformity. You are encouraged to be ready as soon as possible, and by 1st January 2022 at the latest to use the UKCA mark if placing lifting equipment on the market in Great Britain. However, if the rules change, i.e. a change in legislation, and you base your conformity assessment on rules that deviate from the requirements in Great Britain, you will no longer be able to use the CE marking in Great Britain. This will be the case even if anything changes before the 1st January 2022, and hence the recommendation to get ready as soon as possible.

For goods that have been manufactured in the EU, whereby an authorised representative or legal entity was not required, the EU manufacturer now placing goods on the market in Great Britain will need to appoint one. This will also be the same for British manufacturers placing good on the EU market.

The above requirements are applicable from the 1st January 2021.

For equipment originating from outside of the EU and the UK, the requirements remain the same. The manufacturer will either need to appoint an authorised representative to act on some or all of their obligations under the Machinery Directive 2006/42/EC or Supply of Machinery (Safety) Regulations 2008 respectively, or they will self-certify and appoint a legal representative to compile the technical file for them should it be required by the authorities. For equipment being placed on the market in Great Britain this representative must be based in the Great Britain. For equipment being placed on the Northern Ireland or EU market they will have to be based in Northern Ireland or an EU member state.

There is no change and the manufacturer can continue to conformity assess to current legislation and issue an EC Declaration of conformity and CE mark.  However, the recommendation with respect to placing on the market in Great Britain would be to change to UK conformity assessment and marking as soon as possible. This will be a mandatory requirement after the 31st December 2021.

With respect to above the recommendation would be to apply both the UK and CE conformity assessment marks as soon as possible after the 1st January 2021.

In addition to the normal instructions for use and any information required by the applicable standard. You will need to issue a UK Declaration for products that bear the UKCA or UK(NI) marks. This document will be similar to the current EC Declaration of conformity, and must contain the following minimum information;

  • A declaration that the lifting equipment is in conformity with the relevant UK Statutory requirements applicable to the lifting equipment. For example, equipment that was covered by the Machinery Directive 2006/42/EC would now have to declare conformity to the Supply of Machinery (Safety) Regulations 2008 and the Health and Safety at Work Etc Act 1974 section 6.
  • The details of the notified body that did the third-party conformity assessment, where applicable;
  • The manufacturers name and full business address;
  • The authorised representatives name and full business address, where applicable;
  • The name and address of the person to compile the technical file, where different from the manufacturer or authorised representative;
  • Description of equipment, including generic denomination, function, model, type and commercial name, and WLL or Rated Capacity;
  • The transposed harmonised standards used;
  • The place of declaration;
  • The name and signature and position of the person making the declaration

LEEA will be providing template documents for the above for its members, these will be disseminated and enforced through our audit procedures.

Its been noted that due to the size of the lettering that it may be difficult to legibly mark UKCA on small cast products such as eyebolts and shackles for example. In such cases it would be acceptable to apply the mark onto a tag or other means.

LEEA is working on this with the authorities, and if a better solution is agreed we will advise accordingly. In the meantime it should be noted that that until the marking can be placed on the documentation until the 31st December 2022.

For most items of lifting equipment, the UKCA mark must be affixed to the product itself. However, in the case of bulk supplies of chain, rope, or webbing it can be placed on the packaging, reel, drum, etc.

Typically, the rules that applied to CE marking are the same, but in general the following apply;

  • UKCA markings must only be placed on a product by you as the manufacturer or your authorised representative where they are mandated by the manufacturer to be responsible for this specific requirement under the legislation.
  • When attaching the UKCA marking, you take full responsibility for your products conformity with the requirements of the applicable legislation, primarily for lifting equipment that would be the Supply of Machinery (Safety) Regulations 2008. Other legislation will apply depending on type or use of the equipment, i.e. Radio Equipment Regulations.
  • You must only use the UKCA marking to show conformity with the relevant UK Legislation.
  • You must not place any marking or sign that may misconstrue the meaning or form of the UKCA marking to third parties
  • You must not attach other markings on the product which affect the visibility, legibility or meaning of the UKCA marking
  • The UKCA marking is at least 5mm in height, i.e. from the top of the ‘U’ to the bottom of the ‘C’. The other dimensions must be proportionate to those in figure 1. Where a product is too small or the addition of the marking can affect functionality or strength, then the marking can be applied by means of a tag or other means securely attached to the product.
  • The UKCA marking is easily visible, legible and indelibly marked on the machine, the latter being a requirement from the 1st of January 2023. Note that the marking can be provided on the documentation, i.e. the declaration of conformity and instructions, rather than on the product itself until 31st December 2022.
  • The UKCA mark cannot be placed on products that are not within scope of legislation requiring it, i.e. chain sling components. UKCA mark – can be downloadedhere Download UKCA mark image files (fill)

For lifting equipment being placed on the both the EU and UK markets, the UKCA mark will not be recognised in the EU. However, if it is more convenient to do so, you may mark the equipment with both the CE and UKCA markings so long as the equipment is fully compliant with both UK and EU regulations. Equipment for the EU market cannot be marked with the UK(NI) mark and must only have the CE mark on it. For dual marked products they may have both the CE and UKCA marks.

From the 1st January 2021 the essential requirements and standards that can be used to demonstrate conformity with them for UKCA marked products will be the same as they are now. That means that if your lifting equipment is currently made to the technical requirements necessary for CE marking then it will be made to the same technical requirements that will exist for UKCA marking from the 1st January 2021. However, the conformity bodies that test them may need to be different.

Yes. In fact as a manufacturer you can either mandate an authorised representative to act on your behalf for some or all of your legal obligations or you can simply mandate a legal entity to compile the technical on your behalf should the authorities want to see it. This entity can be a subsidiary of your business. 

Authorised representative and legal entity are two different things, but there basic function is the same. Also it is important that they have a written mandate making clear the obligations.

No, all lifting equipment manufactured prior to the 1st January 2021 can still be placed on the market after this date with existing markings and notified body numbers.

  • UK approved bodies will be listed on a UK public database (UKMCAB) which will be published before 1 January 2021.
  • EU notified bodies are and will continue to be listed on NANDO. 
  • Prior to this all bodies can be found on NANDO and this can be filtered to identify UK bodies.
  • All UK-based notified bodies will automatically become UK approved bodies from 1 January 2021 with the same scope of designation.?

The terms of the Withdrawal Agreement mean that notified bodies are required to share information where requested.

While the Withdrawal Agreement means that you should be able to provide your new body with the information they need to issue a new certificate of conformity, ultimately they cannot be compelled to issue you a new certificate without requiring that the product be re-tested.

If you are not able to come to a satisfactory arrangement with your chosen new body you may wish to approach an alternative body as the requirements bodies impose may vary.

You should speak to your notified body to arrange transferring your certificate of conformity.

  • UK recognised notified bodies will automatically become approved bodies, for placing goods on the GB market, from 1 January 2021.
  • The types of conformity assessment required for a good to be compliant under the UK regulatory regime will be the same as required under the EU rules.
  • Approved bodies can start conformity assessment procedures for the UK market before the end of the transition period in their capacity as a notified body.
  • A certificate of conformity issued by a UK-based notified body before 1 January 2021 will continue to be recognised after this date for the purposes of UKCA marking.
  • UK notified bodies will continue to be recognised as notified bodies for placing goods on the NI market, from January 2021.
  • No, goods placed on the EU market from 1 January 2021 will require a certificate of conformity from an EU recognised notified body.
  • Unless agreed otherwise as part of ongoing negotiations with the EU, this will not include UK-based bodies. The UK has proposed a mutual recognition agreement as part of these negotiations.
  • There are different rules for placing goods on the Northern Ireland market.

Need technical advice?

For technical advice on lifting equipment matters, email our Technical Services team. This service is free to members and we will reply within 48 hours.

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