Brexit impact on consumer product regulations

 Natalia Fuentes, Regulatory Project Manager CPT SC & Mari Cruz Lorente, Regulatory Technician Eurofins Softlines & Leather – Toys & Hardlines

 March 1, 2021

Brexit impact on consumer product regulations

On 29^th March 2017, the Government of the United Kingdom (UK) submitted the notification of its intention to withdraw from European Union (EU), according to Article 50 of the Treaty on European Union.

On 31^st January 2020, the United Kingdom officially left the EU after 47 years of membership. The transition, or the implementation period, finished on 31st December 2020. While in transition, the UK remained in both the EU customs union and single market.

On 24^th December 2020, the UK and EU concluded a trade agreement. The agreement establishes zero tariffs or quotas on trade between the UK and the EU, among other agreements. This means there will be no tariffs or quotas on the movement of goods between the UK and the EU.

On 1^st January 2021, the UK left the EU and EU legislation ceased to apply in Great Britain (England, Scotland and Wales) The Northern Ireland Protocol means that EU legislation continues to apply in Northern Ireland.

Many businesses in Great Britain (GB) and Europe have seen how their roles on products have changed. Some businesses have new responsibilities and duties under UK legislation, compared those they had not under EU legislation. Therefore, it is important to be aware of the new scenario as it is possible that you’ll need to adopt new roles and obligations.

Note – the information below has been updated to reflect the change announced by the UK government on the 14^th November 2022.

Below is a list of the main points applicable from 1st January 2021:

• Products placed on the European Economic Area (EEA) or UK markets before 1st January 2021 can continue to circulate in the UK.
• CE marked products will continue to be accepted on the GB market until 31st December 2025 in most cases, including those where third party conformity assessment has been performed by an EU Notified Body.
• New UK Conformity Assessed (“UKCA”) mark can be used for products placed on the GB market during 2021. After 31^st December 2025, the UKCA mark must be applied for most products. One exception is for medical devices which can continue to be CE marked until 30^th June 2024.
• For UKCA marking, the safety and other technical requirements have not changed but may do so in the future. Administration requirements have changed.
• To support UKCA marking, the UK Government has published lists of Designated Standards which perform the same function as Harmonised Standards under EU legislation. The Designated and Harmonised Standards are currently the same, however, this may change in the future.
• The role of the manufacturer is unchanged, however, those who were previously considered downstream users or distributors may become “importers” from 1st January 2021, if they are handling products in the EU directly from GB (and vice versa). Importers have significantly higher responsibilities than downstream user or distributors.
• Importers, which must by definition be based in the UK, are responsible for placing goods in the GB market, unless they have appointed an Authorised Representative to take the duties on behalf of the GB importers.
• Authorised Representatives for the GB market must be based in GB.
• The UK government has committed to providing unfettered access for qualifying Northern Ireland goods to the GB market.
• UK Notified Bodies automatically became UK Approved Bodies on 1st January 2021 with the same scope. This means they can carry out conformity assessment of products for the GB market. They can also undertake Notified Body services for products placed on the Northern Ireland and carry the UK(NI) mark.

To help you, Eurofins has produced a brief summary covering the main changes has been included below for different types of products.