01 Apr 2019

As referred to in our earlier article, the draft legislation implementing the new requirements for currently CE-marked products, titled The Product Safety and Metrology (Amendment etc.) (EU Exit) Regulations 2019, was issued in February and passed by Parliament on 20 March. The mammoth piece of legislation encompasses no less than 38 pieces of affected legislation, with Part 3 covering the amendments to the product safety regulations, encompassing all CE marked products with certain exceptions including pharmaceutical products and medical devices, and construction products. The Regulations will only take effect in the event of the UK exiting the EU without a deal.

Alongside this, the Office for Product Safety and Standards has issued Guidance on the changes under the legislation, which helpfully includes tables setting out the changes made under each piece of affected legislation. The Guidance reiterates that the regulatory landscape will not change significantly and that goods already on the EU and therefore the UK market before exit day can continue to circulate freely. Those products which meet the EU requirements, including those that have been CE marked following assessment by an EU-27 conformity assessment body can continue to be placed on the UK market without any additional requirements being imposed, although this is intended to be a time-limited measure. The length of this measure remains unknown – the Guidance only states that it will be determined after future consultation and that further legislation will be required.

The table below sets out the legislation amended by Part 3 of the Regulations, together with the relevant Schedule containing those amendments.

        Regulation

       Where referenced

Part 3: Amendment of subordinate legislation

Measuring Container Bottles (EEC Requirements) Regulations 1977

Schedule 4

Pg. 9-15

Measuring instruments (EEC Requirements) Regulations 1988

Schedule 5

Pg. 15-16

Weights and Measures (Intoxicating Liquor) Order 1988

Schedule 6

Pg. 16

Lifting Operations and Lifting Equipment Regulations 1998

Schedule 7

Pg. 16-17

Noise Emission in the Environment by Equipment for use Outdoors Regulations 2001

Schedule 8

Pg. 17-25

General Product Safety Regulations 2005

Schedule 9

Pg. 25-27

Offshore Installations (Safety Case) Regulations 2005

Schedule 10

Pg. 28

Weights and Measures (Packaged Goods) Regulations 2006

Schedule 11

Pg. 28

Supply of Machinery (Safety) Regulations 2008

Schedule 12

Pg. 29-41

Aerosol Dispenser Regulations 2009

Schedule 13

Pg. 41-59

Accreditation Regulations 2009

Schedule 14

Pg. 59

Toys (Safety) Regulations 2011

Schedule 15

Pg. 60-93

Explosive Regulations 2014

Schedule 16

Pg. 94-121

Weights and Measures (Revocations) Regulations 2015

Schedule 17

Pg. 121

Offshore Installations (Offshore Safety Directive) (Safety Case etc.) Regulations 2015

Schedule 18

Pg. 122

Pyrotechnic Articles (Safety) Regulations 2015

Schedule 19

Pg. 122-150

Electromagnetic Compatibility Regulations 2016

Schedule 20

Pg. 150-163

Simple Pressure Vessels (Safety) Regulations 2016

Schedule 21

Pg. 163-177

Lifts Regulations 2016

Schedule 22

Pg. 178-221

Electrical Equipment (Safety) Regulations 2016

Schedule 23

Pg. 221-229

Pressure Equipment (Safety) Regulations 2016

Schedule 24

Pg. 229-290

Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations 2016

Schedule 25

Pg. 290-318

Non-Automatic Weighing Instruments Regulations 2016

Schedule 26

Pg. 318-353

Measuring Instruments Regulations 2016

Schedule 27

Pg. 354-436

Recreational Craft Regulations 2017 and related amendment

Schedule 28

Pg. 436-478

Radio Equipment Regulations 2017 and related amendments

Schedule 29

Pg. 478-497

Whilst the position on Brexit remains uncertain, businesses should continue to consider the implications of the Regulations on their product and supply chains, to ensure that their own status and that of their products is clear and to plan for any operational changes that may be necessary.