Updates

The Product Safety and Metrology etc. (Amendment etc.) (UK(NI) Indication) (EU Exit) Regulations 2020

Jurisdiction: UK

Commencement: 31st December 2020

Amends: 

  • The Noise Emission in the Environment by Equipment for Use Outdoors Regulations 2001 (SI 2001/1701), as amended
  • The Supply of Machinery (Safety) Regulations 2008 (SI 2008/1597) as amended
  • The Aerosol Dispensers Regulations 2009 (SI 2009/2824) as amended
  • The Electromagnetic Compatibility Regulations 2016 (SI 2016/1091)
  • The Simple Pressure Vessels (Safety) Regulations 2016 (SI 2016/1092), as amended
  • The Lifts Regulations 2016 (SI 2016/1093)
  • The Pressure Equipment (Safety) Regulations 2016 (SI 2016/1105), as amended
  • The Personal Protective Equipment (Enforcement) Regulations 2018 (SI 2018/390)
  • The Gas Appliances (Enforcement) and Miscellaneous Amendments Regulations 2018 (SI 2018/389)
  • The Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations 2016 (SI 2016/1107)
  • The Electrical Equipment (Safety) Regulations 2016 (SI 2016/1101), as amended
  • The Explosives Regulations 2014 (SI 2014/1638) as amended
  • The General Product Safety Regulations 2005 (SI 2005/1803)

Amendments

The Noise Emission in the Environment by Equipment for Use Outdoors Regulations 2001 (SI 2001/1701), as amended and The Aerosol Dispensers Regulations 2009 (SI 2009/2824) as amended

These Amendment Regulations make a number of amendments, relating to UK NI marking in Northern Ireland and UK CA marking in Great Britain. The Regulations directly amend a number of UK Regulations, but also amend a number of previous Brexit related amendment regulations including in particular the Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 which in turn amend the above Regulations. The amendments do the following:

  • Provide that where CE marking is applied to goods in Northern Ireland by a UK Notified Body, the UK NI mark must also be applied;
  • Set out the form and requirements for UK NI marking.
  • Require an importer placing relevant goods onto the market in Northern Ireland to ensure that, where relevant, the UK NI mark has been applied.
  • Provide that in GB, where UK CA marking is required, this can be provided on separate documentation for the first 24 months after 1st January 2021.
  • Limit the transition period for GB organisations to place CE marked equipment on the GB market. CE marked equipment cannot be placed on the GB market after 1st January 2022 (but this does not apply to organisations based in Northern Ireland – see next bullet).
  • Provide that ‘qualifying Northern Ireland goods’ which have been correctly CE marked (or, where applicable, UK NI marked) in Northern Ireland will be accepted in GB (i.e. there is no 12 month time limit).

The Supply of Machinery (Safety) Regulations 2008 (SI 2008/1597) as amended

These Amendment Regulations make a number of amendments, relating to UK NI marking in Northern Ireland and UK CA marking in Great Britain. The Regulations directly amend a number of UK Regulations including the Supply of Machinery (Safety) Regulations, but also amend a number of previous Brexit related amendment regulations including in particular the Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 which in turn amend the Supply of Machinery (Safety) Regulations. The amendments do the following:

  • Provide that where CE marking is applied to goods in Northern Ireland by a UK Notified Body, the UK NI mark must also be applied.
  • Set out the form and requirements for UK NI marking.
  • Require an importer placing relevant goods onto the market in Northern Ireland to ensure that, where relevant, the UK NI mark has been applied.
  • Provide that in GB, where UK CA marking is required, this can be provided on separate documentation for the first 24 months after 1st January 2021.
  • There is a requirement that all machinery, plus any length of lifting chain, rope or webbing not forming part of an assembly, must be marked with the business name and address of the manufacturer (and where applicable the manufacturer’s authorised representative). For the first two years after 1st January 2021, where the relevant equipment is imported from any EEA state into GB, the information can be provided in a separate document rather than printed onto the equipment.
  • Limit the transition period for GB organisations to place CE marked equipment on the GB market. CE marked equipment cannot be placed on the GB market after 1st January 2022 (but this does not apply to organisations based in Northern Ireland – see next bullet).
  • Provide that ‘qualifying Northern Ireland goods’ which have been correctly CE marked (or, where applicable, UK NI marked) in Northern Ireland will be accepted in GB (i.e. there is no 12 month time limit).

The Simple Pressure Vessels (Safety) Regulations 2016 (SI 2016/1092), as amended and The Lifts Regulations 2016 (SI 2016/1093) and The Pressure Equipment (Safety) Regulations 2016 (SI 2016/1105), as amended and The Electromagnetic Compatibility Regulations 2016 (SI 2016/1091) and The Personal Protective Equipment (Enforcement) Regulations 2018 (SI 2018/390) and The Gas Appliances (Enforcement) and Miscellaneous Amendments Regulations 2018 (SI 2018/389)

These Amendment Regulations make a number of amendments, relating to UK NI marking in Northern Ireland and UK CA marking in Great Britain. The Regulations directly amend a number of UK Regulations, but also amend a number of previous Brexit related amendment regulations including in particular the Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 which in turn amend the above Regulations. The amendments do the following:

  • Provide that where CE marking is applied to equipment in Northern Ireland by a UK Notified Body, the UK NI mark must also be applied.
  • Set out the form and requirements for UK NI marking.
  • Require an importer placing relevant equipment onto the market in Northern Ireland to ensure that, where relevant, the UK NI mark has been applied.
  • Provide that in GB, where UK CA marking is required, this can be provided on separate documentation for the first 24 months after 1st January 2021.
  • There is a requirement that all equipment must be marked with the business name and address of the manufacturer (and where applicable the manufacturer’s authorised representative). For the first two years after 1st January 2021, where the relevant equipment is imported from any EEA state into GB, the information can be provided in a separate document rather than printed onto the equipment.
  • Limit the transition period for GB organisations to place CE marked equipment on the GB market. CE marked equipment cannot be placed on the GB market after 1st January 2022 (but this does not apply to organisations based in Northern Ireland – see next bullet).
  • Provide that ‘qualifying Northern Ireland goods’ which have been correctly CE marked (or, where applicable, UK NI marked) in Northern Ireland will be accepted in GB (i.e. there is no 12 month time limit).

The Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations 2016 (SI 2016/1107and The Electrical Equipment (Safety) Regulations 2016 (SI 2016/1101), as amended and The Explosives Regulations 2014 (SI 2014/1638) as amended

These Amendment Regulations make a number of amendments, relating to conformity marking requirements in Northern Ireland and Great Britain. The Regulations amend a number of previous Brexit related amendment regulations including in particular the Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 which in turn amend the above regulations. The amendments do the following:

  • Provide that in GB, where UK CA marking is required, this can be provided on separate documentation for the first 24 months after 1st January 2021.
  • There is a requirement that all equipment must be marked with the business name and address of the manufacturer (and where applicable the manufacturer’s authorised representative). For the first two years after 1st January 2021, where the relevant equipment is imported from any EEA state into GB, the information can be provided in a separate document rather than printed onto the equipment.
  • Limit the transition period for GB organisations to place CE marked equipment on the GB market. CE marked equipment cannot be placed on the GB market after 1st January 2022 (but this does not apply to organisations based in Northern Ireland – see next bullet).
  • Provide that ‘qualifying Northern Ireland goods’ which have been correctly CE marked (or, where applicable, UK NI marked) in Northern Ireland will be accepted in GB (i.e. there is no 12 month time limit).

The General Product Safety Regulations 2005 (SI 2005/1803)

These Amendment Regulations make a number of amendments, relating to conformity marking requirements in Northern Ireland and Great Britain. The Regulations make a minor technical amendment to the Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 which in turn amend the General Product Safety Regulations 2005. The amendments do not have any significant effect for businesses.

 

Link to full government text

 

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