Jurisdiction: Great Britain

Commencement: 31^st December 2022

Amends:

• The Noise Emission in the Environment by Equipment for Use Outdoors Regulations 2001
• The Supply of Machinery (Safety) Regulations 2008
• The Ecodesign for Energy-Related Products Regulations 2010
• The Explosives Regulations 2014
• The Electromagnetic Compatibility Regulations 2016
• The Simple Pressure Vessels (Safety) Regulations 2016
• The Lifts Regulations 2016
• The Pressure Equipment (Safety) Regulations 2016
• The Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations 2016
• GB Retained: Regulation (EU) 2016/425 on personal protective equipment and repealing Council Directive 89/686/EEC
• GB Retained: Regulation (EU) 2016/426 on appliances burning gaseous fuels and repealing Directive 2009/142/ECBACK
• The Aerosol Dispensers Regulations 2009
• The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2012
• The Electrical Equipment (Safety) Regulations 2016
• The Gas Appliances (Enforcement) and Miscellaneous Amendments Regulations 2018
• The Personal Protective Equipment (Enforcement) Regulations 2018

Mini Summary

Jurisdiction: UK

Commencement: 9^st December 2021

Amends:

• The Pressure Equipment (Safety) Regulations 2016
• The Supply of Machinery (Safety) Regulations 2008
• The Ecodesign for Energy-Related Products Regulations 2010
• The Noise Emission in the Environment by Equipment for Use Outdoors Regulations 2001
• The Aerosol Dispensers Regulations 2009
• The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2012
• The Explosives Regulations 2014
• GB Retained: Regulation (EU) 2016/425 on personal protective equipment and repealing Council Directive 89/686/EEC
• The Electromagnetic Compatibility Regulations 2016
• The Simple Pressure Vessels (Safety) Regulations 2016
• The Lifts Regulations 2016
• The Electrical Equipment (Safety) Regulations 2016
• The Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations 2016
• The Gas Appliances (Enforcement) and Miscellaneous Amendments Regulations 2018
• The Personal Protective Equipment (Enforcement) Regulations 2018

Mini Summary

The Department for Business, Energy and Industrial Strategy (BEIS) announced on 24th August 2021, that the deadline for businesses to transition to UK conformity assessment marking (UKCA) will be extended to 1st January 2023.

Initially conveyed through Government guidance, this extension has now been confirmed in law through The Product Safety and Metrology etc. (Amendment) Regulations 2021. This legislation also makes technical changes and amendments to allow relevant product safety legislation to work as intended.

In our September 2021 Health and Safety Newsletter, we provided a summary of the main changes between CE and UKCA marking. We also let you know that the UK Government and HSE websites have confirmed the deadline extension, allowing CE marked goods to continue to be placed on the market until 31st December 2022.

The extension of the transition period by one year provides additional time for businesses to comply with the new regime in Great Britain (England, Wales and Scotland).

As Coronavirus (COVID-19) has without a doubt, affected many businesses and hindered their ability to transition to the UKCA marking, this extension may help to mitigate against further potential disruption to the supply of certain goods in Great Britain.

Here is a reminder of the key changes to CE / UKCA marking rules

• Goods first placed on the market in Great Britain after 1st January 2021 can either be CE marked or UKCA marked.
• The relevant Product Safety Regulations now state that goods first placed on the market in Great Britain after 1st January 2023 must be UKCA marked.
• The requirements in Northern Ireland are different. CE marking continues to be required in Northern Ireland, and there is (currently) no deadline to phase out its use.

All relevant legislation summaries will be amended in line with these recent legislative changes.

If you need more help, why not get in touch with us? – Our professional team of consultants offer independent, periodic compliance evaluations and support for both environment and health & safety.

CE marking is due to be replaced in Great Britain by UKCA marking. However, the deadline for this has recently been extended. Jonathan Teale takes a look at the change to the UKCA mark and its recently announced delay. 

CE marking

Manufacturers, importers and distributors of certain types of products across the EU are required to ensure that those products have been conformity assessed and CE marked before those products are placed on the market. Until 1st January 2021 the same requirements applied to manufacturers, importers and distributors (collectively referred to as ‘economic operators’) in the UK.

UKCA marking

Of course, the UK left the EU on 1st January 2021. On that same date a new product conformity mark – the UKCA mark – was introduced into Great Britain. However, in order to avoid sudden change for businesses, a transition period of 12 months was provided during which time economic operators in Great Britain could choose to use either the new UKCA mark, or the CE mark, or both. From 1st January 2022, economic operators placing relevant products on the market in Great Britain for the first time would be required to ensure that those products were UKCA marked.

Deadline extended
The Government has recently announced that this transition period is to be extended to 1st January 2023. This means that economic operators can continue to place CE marked goods on the GB market until 1st January 2023, after which date goods newly placed on the market will need to be UKCA marked. Government guidance concerning this can be seen here.
Why does the Legislation Update Service continue to refer to the 2022 deadline?
If your health and safety register includes entries for any of the product safety regulations as they apply in Great Britain, you will see that they still refer to the deadline of 1st January 2022, not 2023. This is because the legislation in place currently still provides the 1st January 2022 deadline. We expect the government will issue new amendment regulations to extend this to 1st January 2023, but at time of going to press they have not yet done so. As soon as the amendment regulations are passed, we will update the relevant entries in your registers. Until that time, the Legislation Update Service entries reflect the law as it currently stands.
Application in Northern Ireland
UKCA marking is not applicable in Northern Ireland. Under the terms of the Northern Ireland Protocol, Northern Ireland continues to implement EU rules. Consequently, goods placed on the market in Northern Ireland will continue to be CE marked. If the conformity assessment is completed by a UK based assessment body, a UK(NI) mark is placed on the goods in addition to the CE mark. The UK(NI) mark is not, however, a Northern Ireland equivalent of the UKCA mark.

Readers will be aware that the UK government continues to indicate dissatisfaction with the Northern Ireland Protocol. If any legal changes are made to the requirements arising from the Protocol, they will be reported in Legislation Update Service.
When are goods first ‘placed on the market’?
The requirement for economic operators to conformity mark goods applies when the goods are first ‘placed on the market’. We won’t go into the technical legal definition of ‘placed on the market’ but in summary it means when the goods are first transferred or sold. Note that the requirement only applies when the goods are first placed on the market – it does not apply each and every subsequent time the goods are sold on. Consequently, goods which have already been ‘placed on the market’ prior to 1st January 2022 (or 2023 following the extension) would not need to be re-marked with the UKCA mark after that date. A retailer with a warehouse full of CE marked goods which were bought before 1st January 2022 would not need to re-mark those goods with the UKCA mark after 1st January 2022, so long as the retailer has evidence that they acquired the goods before that date.
In conclusion, here are the key points:

• Goods first placed on the market in Great Britain after 1st January 2021 can either be CE marked, or UKCA marked.
• Currently, the relevant product safety regulations state that goods first placed on the market in Great Britain after 1st January 2022 must be UKCA marked.
• However, government guidance now indicates that this deadline has been extended to 1st January 2023.
• Despite the government guidance, the relevant regulations have not yet been amended. Until the regulations are amended, Legislation Update Service entries will continue to show the deadline of 1st January 2022.
• Be aware that the requirements in Northern Ireland are different. CE marking continues to be required and there is (currently) no deadline for phasing this out.

If you need more help, why not get in touch with us? - Our professional team of consultants offer independent, periodic compliance evaluations for both environment and health & safety. 

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 2016/1107) and 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

The Legislation Update Service is the best way to stay up to date automatically with legislation in England, Wales, Scotland, Northern Ireland and the Republic of Ireland.

Sign up for your free trial to get instant access.