How does CE Marking affect balcony design?

CE marking is the European Economic Area (EEA) mandatory mark to indicate a product meets harmonised (BS EN) Standards. It shows that manufacturers check products comply with standards and allows free movement within the EEA. The letters “CE” are the abbreviation of the French phrase “Conformité Européene” which literally means “European Conformity”

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How do CA & CE Marking affect balconies?

On 1st July 2014, it became mandatory in the UK to comply with BS EN 1090 (Steel and aluminium structures). It is now a legal requirement to CE mark such products.

This indicates compliance with the Construction Product Regulation (CPR) and that they have come from organisations with Factory Production Control (FPC) Qualifications and a Welding Quality Management System (WQMS) where appropriate. Typically, this requires organisations to have suitable systems for enabling traceability, have independently tested weld procedures in place, along with an appointed Responsible Weld Coordinator (RWC) suitable trained and qualified.

For the majority of buildings constructed in the UK, Execution Class two (EXC2) will be the appropriate requirement. Where no Execution Class is specified, Clause 4.1.2 of BS EN 1090-2 states that EXC2 shall apply. The Execution Class is the sole responsibility of the Structural Engineer. However, EN 1090 states “the engineer should avoid over-specification of the Execution Class wherever possible to avoid unnecessary costs being introduced. However EN 1090 states ‘the engineer should avoid over-specification…traceability requirement of EXC2’.

There was originally much confusion as to whether BS EN 1090 included balustrades and privacy screens. The CEN issued document N738 on 29/5/2015 which confirms balustrades and privacy screens do fall within BS EN 1090 when forming an edge guarding or are an integral part of a structure.

However, the Trading Standards advice (the authority which enforces compliance) has differed from this, suggesting that it does not deem balconies to fall within the scope of BS EN 1090.

Updates on CA & CE Marking and Introduction of UKCA

On 1st August 2023, the Department for Business and Trade heralded major changes around the CE marking’s standing in Great Britain. The UK government expressed an intention to perpetuate the CE marking’s recognition for most GB-intended goods beyond December 2024.

Exceptions abound, particularly with medical devices, construction products, and a few other categories. For a comprehensive list and details, click here.

Implications for Construction Products and Balconies

While construction products are at the core of our operations, the recent proclamations have negligible direct impact. The UK persists in acknowledging both CE and UKCA markings until 30th June 2025. Beyond this date, European-bound products must bear the CE marking, whereas UK-bound ones should have the UKCA marking. More on this topic can be found here.

Navigating the Transition and Implications for the Future

The evolving product marking and certification terrains, although intricate, shouldn’t be a source of concern for our clients. With our factories strategic locations, coupled with dual certifications, we’re well-equipped to serve clients across the UK and mainland Europe seamlessly.

For any lingering uncertainties or queries about this transition and its bearing on our offerings, we stand ready to help. Our aim remains unwavering: ensuring a smooth experience for all stakeholders, regardless of the regulatory backdrop.

For more on the UK Government’s announcements, click here.

We use a broad supply chain of carefully chosen companies certified to varying classes specified in BS EN1090. This ensures all relevant CE marking requirements can be fulfilled. Coupled with Sapphire’s strategic factory locations in both England and Ireland and their dual certifications, we’re well-equipped to serve clients across the UK and mainland Europe seamlessly. Our dual certification approach is designed to bring compliance irrespective of the chosen destination within the EU or the UK.

How Do CA & CE Marking Affect Balconies in North America and Elsewhere in the World?

While CE and UKCA markings dictate standards and compliance within Europe and the UK respectively, their application is geographically specific. For instance, if a balcony destined for Ireland is manufactured in the UK, these markings become relevant. However, for balconies fabricated and installed within other jurisdictions, such as one manufactured in Ontario for Canada or one crafted in New Zealand for local installation, the CE and UKCA markings hold no regulatory bearing. Such regions possess their unique standards and compliance certifications, detached from the European and UK systems.

For any lingering uncertainties or queries about this transition, its global implications, and its bearing on our offerings, we stand ready to help. Our aim remains unwavering: ensuring a smooth experience for all stakeholders, regardless of the regulatory backdrop.

For more on the UK Government’s announcements, click here.

From 1st January 2022 the CE mark has now been replaced with the UKCA mark for products placed on the GB market. It is slightly different for Northern Ireland where the mark used is the UKCA(NI) mark. We will now start to see the letters UKCA on products we purchase – from children’s toys to electronics, as well as rooflights, roof windows and other construction products.

While CE or UKCA marking might seem like a fairly simple concept, it’s actually very complicated, since it doesn’t apply to every product on the market, and different items will have to meet different requirements.

Here are the answers to some of the most frequently asked questions about CE and UKCA marking to help you understand the European directive better, and what it means for you: Whilst this is now covered by UK legislation it still references and thus mirrors, the European directive.

1. WHAT IS UKCA/CE MARKING?

The UKCA (UK Conformity Assessment) mark is the new UK product marking that is required for certain products being placed on the market in Great Britain (England, Wales and Scotland). It covers most products that previously required the CE mark.

Products that meet these requirements can be marked with a logo to show their compliance, but no longer enjoy free movement across participating countries as the UKCA mark is not recognised by the EU27 member nations. The European Commission has referred to CE marking as a “European Passport” for products.

The letters are the abbreviation of Conformité Européene, which means “European Conformity”. Originally, the term used was actually “EC marking”, to match the French phrase, but “CE marking” is now used in all official documentation. The UKCA mark is an abbreviation for UK Conformity Assessment.

2. WHAT ARE THE PRODUCT DIRECTIVES?

Directives are legal acts of the European Union. They require member states to achieve a specific result but do not state the means of achieving it.

Product Directives are the essential requirements, performance levels and standards to which products must conform.

For construction products the essential requirements, performance levels and testing requirements are set out in harmonised European Standards (hENs) and European Assessment Documents (EADs).

3. WHICH COUNTRIES REQUIRE CE/UKCA MARKING?

The countries that require CE marking are the 31 countries in the European Economic Area. This includes:

• All of the 27 EU member states: Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, and Sweden.
• Three members of the European Free Trade Association: Iceland, Liechtenstein and Norway.

In addition, Turkey has fully implemented many of the CE marking directives, even though it’s not a member of the EU or the EEA.

Switzerland is also not an EU or EEA member. However, it is part of the European Free Trade Association, so accepts CE marking as a presumption of conformity with its own national technical regulations for some products.

Since the UK has translated most European legislation into British Law the same requirements still apply although we have now left the European Union but since we can no longer use the CE mark the UK still requires some form of marking and thus the UKCA mark was created.

4. WHAT PRODUCTS ARE COVERED BY THE UKCA MARKING REQUIREMENT?

UKCA marking is not required for all products. However it does apply to a large number of goods, such as electronics, toys, machinery, medical devices and vehicles, as well as many construction products.

The Construction Products Regulation came into effect on 1 July 2013 and stated that manufacturers of construction products would need to apply CE marking, now UKCA marking to any of their goods that were covered by a hEN or EAD before being able to place them on the market. Just some of the items that need UKCA marking include:

• Ceilings
• Cladding
• Doors
• Facades
• Finishes
• Floors
• Glass
• Roofs
• Thermal insulation
• Vents
• Walls
• Windows

5. HOW DO I CHECK MY PRODUCT IS CE OR UKCA MARKED?

The easiest way to check that a product has CE or UKCA marking is to look for the symbol. It should be on the product itself, or on the packaging or information that came with it.

If you suspect that a manufacturer is misusing the required mark, you can request a certificate of conformity and/or a declaration of performance. This should provide test results and other information about how the item meets the relevant requirements as well as stating which harmonised European Standard the product has been CE or UKCA marked as conforming to.

6. WHAT IS THE CORRECT SYMBOL TO LOOK FOR WHEN CHECKING CE OR UKCA MARKING?

The official CE mark comprises the letters C and E, with their shapes based on a series of circles. There should be a specific amount of space between the letters – if you imagine the inner curve of the C to be a complete circle, the outer curve of the E should align with that circle.

The CE mark should always be at least 5mm high and, unless there’s a reason the logo can’t be affixed to the product itself, it should be included on the packaging or accompanying documents.

It’s not uncommon to find products with what appears to be a CE mark, but with the wrong dimensions or proportions. Most often, the C and E will appear much closer together than they do on the official symbol.

This could mean one of two things:

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•  The product should carry the CE mark, but the manufacturer has used the wrong symbol.

•  The product shouldn’t carry the CE mark (either because it’s not required, or the product doesn’t conform to the relevant standards), and an illegitimate (and incorrect) mark has been applied to the product.

When checking for a UKCA mark, you should be looking for the below:

7. WHAT’S THE CHINA EXPORT SYMBOL?

Many people believe that there’s a China Export symbol. They say the logo (which looks almost identical to the CE marking but with slightly different dimensions) is meant to identify that a product was exported from China. It’s also commonly believed that this is done on purpose to trick European consumers into buying a product that doesn’t actually meet CE marking requirements.

Some versions of the myth go on to say that Chinese manufacturers put the fake version of the CE mark on a product. Then, if they get caught with a product that doesn’t meet EU requirements, they can say that the letters stand for China Export and any similarities between the symbol on their product and the CE mark is purely coincidental.

However, according to the European Commission, this is a misconception. In a statement, the Commission said it was not aware of the existence of a China Export mark. It acknowledged that there have been cases where the CE mark was misused, but there have also been instances where the product was in compliance with the applicable requirements, but the CE mark used did not match the official dimensions and proportions.

The European Commission is also working towards trademarking the CE mark. It is hoped this will help to prevent confusion and incorrect marking in the future.

8. WHAT HAPPENS IF A PRODUCT FAILS TO COMPLY WITH CE OR UKCA MARKING REQUIREMENTS?

If a product that needs CE marking doesn’t meet the relevant requirements, it cannot be sold legally in the participating countries. If a product that needs UKCA marking doesn’t meet the relevant requirements it cannot be sold in GB. UKCA marked products cannot be sold outside the UK as this mark is not currently recognised anywhere outside the UK.

If a manufacturer falsely CE or UKCA marks a product or fails to CE or UKCA mark a product for which it is required, the maximum penalty is three months in jail and a £5,000 fine for the director of the offending company.

9. ARE CE OR UKCA MARK TESTING STANDARDS COMPULSORY?

If a product falls under at least one of the relevant directives and there is a relevant harmonised standard, then yes, the product standards are mandatory, and products must conform to those requirements.

10. WHAT ARE A MANUFACTURER’S RESPONSIBILITIES WITH REGARD TO CE/ UKCA MARKING?

A manufacturer is defined as the person who is responsible for designing and manufacturing a product with an objective of placing it on the market under their own name or brand.

Whether a person actually designs, manufactures, assembles, packs, processes or labels a product themselves, or they subcontract out some or all of these responsibilities, does not matter in regards to CE or UKCA marking.

It is the manufacturer’s responsibility to ensure that products are designed and made in accordance with relevant legislation. They must also draw up the required technical documentation and ensure that appropriate assessment procedures are carried out.

Once compliance has been demonstrated, a manufacturer should then write up a declaration of performance and/or certificate of conformity and affix the CE or UKCA mark to the product.

OTHER RESPONSIBILITIES INCLUDE:

•  Maintaining records such as technical documentation and declarations of performance.

•  Ensuring that suitable procedures are in place, so series productions remain in conformity. FPC Factory Production Control

•  Ensuring products bear a type, batch or serial number for identification purposes. This may also be included on the packaging or a document accompanying the product.

•  Indicating name, registered trade name and an address at which they can be contacted. This should be on the product, the packaging or a document accompanying the product.

•  Ensuring a product comes with instructions and safety information in a language that can be easily understood by end-users.

•  Taking appropriate steps if a product is believed to not conform with the relevant legislation. This could mean correcting the problem, withdrawing the product or recalling it.

•  Providing national authorities with information and documentation as necessary to demonstrate a product’s conformity.

11. WHAT ARE AN IMPORTER’S RESPONSIBILITIES REGARD TO CE/UKCA MARKING?

When products are manufactured overseas, importers are responsible for ensuring compliance with the applicable directives. In these situations, the importer is considered the manufacturer.

There have been cases when an importer has not been able to produce the requested documentation to prove CE or UKCA  marking compliance, and Customs authorities have refused entry for the shipment.

12. WHAT ARE A SELLER’S RESPONSIBILITIES WITH REGARD TO CE/UKCA MARKING?

Sellers have a legal responsibility to ensure that all relevant goods they sell have appropriate CE/UKCA marking. In the UK, the penalty for supplying non-compliant products is imprisonment or a fine.

Under these regulations, authorities can enter premises, test products and seize both documentation and goods. Authorities can also force manufacturers to recall or replace faulty items. In the UK the enforcement agency is Trading Standards.

13. WHAT IS THE RELATION BETWEEN CE/UKCA MARKING AND PRODUCT LIABILITY?

According to the European Product Liability Directive, consumers do not have to prove that a product has caused damage. Since manufacturers are liable for the damage caused by a defect in a product, they must be the ones to prove that a product is not at fault.

Because CE/UKCA marking often includes minimum safety requirements, depending on the type of product, manufacturers can use certificates of conformity, relevant test results and other documentation related to CE/UKCA marking to demonstrate compliance. However, CE marking does not indicate that a product has been approved as safe by the EU, UK or any other authority.

14. BESIDES CE/UKCA MARKING, WHAT LABELLING SHOULD I LOOK FOR?

The regulatory labelling on products varies widely, depending on what the item is and the legislation that applies, so it’s best to consult individual manufacturers and industry bodies to find out what is recommended.

HERE ARE SOME OTHER LABELS THAT SHOULD BE CONSIDERED FOR WINDOWS AND ROOFLIGHTS:

•  The BSI Kitemark – This voluntary quality mark confirms that a product has been thoroughly tested and checked to prove it meets recognised industry standards for safety, reliability and quality.

•  WERs – The Window Energy Rating system is designed to help you understand how energy efficient a window is. It follows a similar rainbow label that consumers are familiar with on appliances and Energy Performance Certificates (EPCs).

•  Safety glass: BS EN 12600:2002 requires that all safety glazing is permanently marked in a position that will be visible after installation. This should include the British standard number BS EN12600:2002; a code to identify the material; the glazing’s classification; and a name, trademark or identifiable mark of the manufacturer.

•  BBA Certificate.

15. HOW IS CE/UKCA MARKING ENFORCED?

Several bodies enforce CE/UKCA marking, with an aim to prevent misuse of the mark and ensure that product safety is maintained.

Market Surveillance Authorities are nominated public authorities in each member state, and each state has its own way of enforcing the legislation once it has been implemented into national law. In the UK, it is Trading Standards Services that enforce these regulations

The penalties for not conforming to CE/UKCA marking legislation can include fines and imprisonment.

To learn more about rooflights and roof windows – including CE/UKCA marking requirements, request a RIBA approved CPD seminar or get in contact. 

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