ATEX EQUIPMENT UKCA marking (UK Conformity


Assessed marking) is the UK product marking requirement that will now be needed for all Ex-products being placed on the market in Great Britain (England, Scotland and Wales). This substitutes the European Union (EU) requirements for CE Marking, which continues to be accepted in Northern Ireland. UKCA Ex (UKEX) approval came into


force from 1 January 2021, with a transitional period lasting up until 1 January 2023. However, the UKCA mark will not be recognised in the EU, European Economic Area, or Northern Ireland. For Northern Ireland, either the CE mark or dual UKNI and CE mark may be required. To allow businesses time to adjust to


the new requirements, CE marked ‘existing stock’ can still be accepted up until 1 January 2023. For example, if machinery was fully manufactured and ready to be placed on the market before 1 January 2023. With respect to existing products, the rules for the EU and UK are the same, the legislation applies at the point when the individual product is placed on the market. This means that UKCA marking would not be required for products already placed on the market, for example, items which are already imported and sitting with a distributor which was prior to 1 January 2023. CE marking can be used up until


31 December 2022 if any of the following apply:


Currently applying the CE mark to goods based on self-declaration.


If a mandatory third-party conformity assessment has been carried out by an EU-recognised notified body


If the Declaration of Conformity was previously held by a UK approved body has now been transferred to an EU-recognised notified body.


Using both the CE and UKCA mark, products can continue for both CE and UKCA, if they are fully compliant with both UK and EU regulations.


Only UKCA-issued EX Certificates


will be accepted from 1 January 2023 in the UK for products that previously required ATEX Notified Body Certification. Designated UK Approved Bodies are the EU-equivalent of ATEX Notified Bodies, and only they can issue the appropriate certificates


needed for entry to the GB market using the designated UK List of approved Standard. Following approval from a UK Approved Body, a manufacturer will be able to affix the UKEX mark to their product.


BUT WHAT PRODUCTS REQUIRE UKEX APPROVAL?


UKEX Category 1 Electrical and non-electrical – UKEX Approved Body Certificate Technical File Lodge and QAN/QAR (Quality Audit Notification)


UKEX Category 2 electrical – Approved Body certificate including a UKEX Technical File Lodge and QAN/QAR (Quality Audit Notification)


UKEX Category 2 non-electrical – Self certified product certificate from the manufacturer (Optional Approved Body Certificate) Technical File Lodge with an approved body


UKEX Category 3 electrical and non-electrical – Technical File Lodge and a self-certified manufacturers Certificate


Once EX equipment has been


self-certified or certified by an approved body, a technical file must be lodged with an approved body for a minimum of five years from when the manufacturer ceased making it and the last unit is placed on the market. If the manufacturer is located outside


the UK, they must appoint an Authorised Representative that is based in the UK. Products being placed on the UK Market with UKCA Marking will also need to be supported by a UK Declaration of Conformity (DoC), which must be signed by the responsible person within the organisation. The UK requirements for the DoC


are the same as the EU and must therefore include:


The manufacturer’s name and address or that of the authorised representative


The product serial number, model or type identification


A declaration of conformity (DoC) The DoC must contain appropriate


information with regards to the correct assessment procedures which have been carried out for the product. The


DoC must also contain relevant information to ensure that the product conforms with the relevant Essential Health and Safety Requirements (EHSR’s) and that the correct conformity markings have been applied. In addition, the DoC must also


include details of the approved body which carried out the conformity assessment (if applicable); a statement of responsibility for the product’s compliance, including that the manufacturer has the correct technical documentation and has complied with labelling requirements; as well as referencing the relevant legislation with which the product complies. UK DoC requirements differ to the


EU as follows:


It must refer to UKSI as these contain the essential requirements


UK DoCs need to reference the UK Designated Standards (when available)


UK DoCs must, if applicable/ required, reference a UK Approval Body


The manufacturer is also required


to appoint a responsible person, who must ensure that the DoC and technical documentation have been created and, as applicable, that an appropriate conformity assessment procedure has been carried out by the manufacturer. A competent person should have


relevant knowledge and the necessary skills required for the scope to work. They must also be able to act competently across the specified range of activities. The competence of responsible persons, operatives/technicians and designers in Ex areas and Ex equipment manufacture is mandatory. This is defined in EN ISO 60079-0:2018 and required internationally via IEC regulations and standards. The good news is that for the


foreseeable future, the requirements of the UK Regulation will remain the same as those of the EU’s ATEX Directive. However, continuing UK market acceptance of CE marking until 31 December 2022 relies on EU and UK requirements remaining the same. If any deviations exist between EU and UK requirements, UKCA marking would be required immediately.


TÜV SÜD www.tuvsud.com/uk


InDuSTrIal ComplIanCe | marCH/aprIl 2022 11


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