8 mar 2023
The government has laid secondary legislation before parliament, namely the draft Product Safety and Metrology (Amendment and Transitional Provisions) Regulations 2022 (the draft Regulations), which, subject to parliamentary approval, will implement these measures. Businesses have been allowed to use the UKCA mark since 1 January 2021 to demonstrate compliance with product standards in the UK, though the EU CE mark has still been accepted throughout this period. The UKCA mark was originally due to be applied from 1 January 2022.
Business Secretary, Grant Shapps, advised that this time extension will allow businesses to continue to focus on growth and innovation during this difficult economic climate as well as ensuring that the UK’s future system for product safety marking is “fit for purpose, providing the highest standard for consumers without harming business”.
Many businesses have welcomed this pragmatic decision by the government to extend the deadline in response to the continued widespread pressures on product supply as a result of geopolitical impacts, including the ongoing war in the Ukraine and the COVID-19 pandemic.
The two year extension sits alongside other processes being introduced to reduce the cost of labelling and retesting products:
Businesses selling products that fall within the product areas listed on the UK Government website will be required to use the UKCA marking and should familiarise themselves with these updated timelines and the steps they need to take to ensure that their products are compliant.
Businesses should be mindful that specific rules may be relevant in the application of the UKCA mark, such as medical devices, construction products, energy using products and hazardous substances. Businesses should consult the corresponding sector-specific guidance for full information.
Businesses operating in the medical devices and construction sectors should be aware that there have been sector specific extensions in relation to the application of the UKCA marking:
One well recognised mechanism of establishing compliance with overarching product regulations is the reliance on designated standards. A designated standard is a standard, developed by consensus, which is recognised by government in part or in full by publishing its reference on the UK Government website in a formal notice of publication. They can be used by businesses to show their products, services or processes comply with essential requirements of legislation. By following designated standards, manufacturers can claim ‘presumption of conformity’ with the corresponding essential requirements that apply to their products. They do not replace the essential requirements; manufacturers continue to have responsibility for ensuring compliance with applicable GB laws.
In the EU, many manufacturers and other economic operators use relevant ‘harmonised standards’ to demonstrate conformity with relevant EU laws and regulations. Post Brexit, EU harmonised standards became designated standards in the UK, save for in Northern Ireland (NI) where EU harmonised standards remain the relevant standards for placing goods on the NI market where EU rules still apply. However, as noted above, changes may be made in light of the recently agreed Windsor Framework.
In addition to these welcome extensions, many businesses will be alert to the government’s review of the UK’s wider product safety framework, which aims to address the changing landscape of e-commerce whilst minimising the burden on businesses.
The minutes of the parliamentary discussion that took place on 7 December 2022 addressing draft Regulations notes that the UK government had said that its product safety review would be published in Spring 2022 but cited delays due to the pandemic, the ongoing cost of living crisis and some political instability. The minutes indicate that government ministers are working to bring the review forward as quickly as possible.
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