Understanding Equipment Certification in the UK Post-Brexit
If you purchase spill containment equipment for use in the UK, you will encounter two distinct certification marks: the UKCA (UK Conformity Assessed) mark — sometimes colloquially referred to in older literature alongside UHP (UN Hazardous Packaging) terminology — and the CE mark, which originates from European Union product safety legislation. Getting this wrong is not just a compliance nuisance; it can invalidate your COSHH risk assessment and expose your organisation to enforcement action under the Health and Safety at Work etc. Act 1974, Section 6.
What Is CE Marking for Spill Containment?
CE marking declares that a product meets the requirements of the relevant EU Directive or Regulation. For spill containment equipment — bunds, drip trays, IBCs, chemical storage cabinets — the relevant instruments include:
- ATEX Directive 2014/34/EU — for equipment used in explosive atmospheres
- Pressure Equipment Directive 2014/68/EU — for certain pressurised containment
- Construction Products Regulation (EU) 305/2011 — where containment is embedded in buildings
CE marking is applied by the manufacturer following conformity assessment, which may involve a Notified Body where the risk category demands it. For most static spill containment equipment sold before 1 January 2021, CE was the standard mark in the UK.
What Is UKCA Marking?
UKCA is the UK-specific product safety mark introduced by the Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019. It covers goods placed on the market in Great Britain (England, Scotland, Wales). Northern Ireland continues under CE marking requirements due to the Windsor Framework.
The UKCA mark is assessed against UK-retained legislation — largely mirroring EU Directives but diverging incrementally. Key UK instruments include the Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations 2016 (SI 2016/1107) and the Supply of Machinery (Safety) Regulations 2008.
UN Hazardous Packaging — The Real UHP
The term UHP in the spill sector typically refers to UN-approved Hazardous Packaging — containers certified under the UN Model Regulations on the Transport of Dangerous Goods. This is entirely separate from CE/UKCA product safety marking. UN packaging approvals are mandatory under ADR 2023 for transport, and under the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009 (CDG 2009) for UK road transport.
Certification Comparison Table
| Mark | Governing Law | Applies To | Required For GB Market? |
|---|---|---|---|
| CE | EU Directives (retained for NI) | Product safety/conformity | No (GB) / Yes (NI) |
| UKCA | UK SI 2019 + retained EU law | Product safety/conformity | Yes (GB from Jan 2025) |
| UN / UHP | ADR / CDG 2009 | Transport packaging | Yes (for transport of DG) |
| UKEX | SI 2016/1107 | Explosive atmosphere equipment | Yes (GB equivalent of ATEX) |
Transition Timeline and Enforcement Risk
The UK government extended the deadline for mandatory UKCA marking on most product categories to 31 December 2024, after which CE-marked goods could no longer be placed on the GB market for the first time. However, stock already in the supply chain before this date retains CE marking legitimacy. The practical enforcement gap means many sites are still operating CE-marked equipment procured before the cut-off — which is lawful provided it was placed on the market lawfully.
For ATEX-rated equipment in DSEAR-classified zones, the equivalent UK mark is UKEX. The HSE is the UK market surveillance authority for these products. Under Regulation 43 of SI 2016/1107, enforcement can include withdrawal notices and prohibition from use.
Practical Procurement Checklist
- Confirm whether your site is GB or NI — this determines which mark is required
- For DSEAR zones: verify UKEX (GB) or ATEX (NI/EU) rating, category, and group
- For transport containers: verify UN approval code on the container itself
- For static bunds/pallets: confirm UKCA declaration of conformity is available from supplier
- Request the Declaration of Conformity document — file it with your COSHH assessment
Purchasing non-compliant equipment not only breaches supply chain obligations under Section 6 HSWA 1974, it can also invalidate your insurance in the event of a spill incident. Always request the declaration of conformity before purchase.
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