The UK Product Safety and Metrology etc. (Amendment) Regulations 2024
This blog was originally posted on 10th July, 2024. Further regulatory developments may have occurred after publication. To keep up-to-date with the latest compliance news, sign up to our newsletter.
AUTHORED BY ashley weeks, senior Regulatory Consultant, RINA
The Product Safety and Metrology etc (Amendment) Regulations 2024 is coming into force on 1st October 2024. The legislation aims to provide businesses with flexibility and choice on how they comply with regulations by giving them the option to follow either EU requirements (including use of the CE markings) or UK requirements (including the UKCA marking) for the product regulations included within the scope of this Statutory Instrument.
Its two main objectives are:
- To revoke the expiry date of the recognition of certain European Union requirements relating to goods, which is due to end on 31 December 2024 and to remove the associated transitional provisions which are no longer required. This will allow continued recognition of EU requirements for the product regulations within scope for goods placed on the market in Great Britain.
- To replace the expiry provision and the associated transitional provisions, with a provision that recognizes EU testing or conformity assessment procedures. This will allow manufacturers who have undertaken conformity assessment procedures with EU recognized bodies to use the United Kingdom Conformity Assessed (UKCA) mark as opposed to the relevant EU conformity marking.
Applicable Product Regulations
The removal of the expiry of recognition of EU product requirements will apply to the following 21 product regulations which are managed by the Department for Business and Trade [leading department], the Department for Environment, Food and Rural Affairs, the Department for Energy Security and Net Zero and the Department for Work and Pensions (Health and Safety Executive).
- Measuring Container Bottles (EEC Requirements) Regulations 1977/932
- Noise Emission in the Environment by Equipment for use Outdoors Regulations 2001/1701
- Supply of Machinery (Safety) Regulations 2008/1597
- Aerosol Dispensers Regulations 2009/ 2824
- Ecodesign for Energy-Related Products Regulations 2010/2617
- Toys (Safety) Regulations 2011/1881
- Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2012 (‘The RoHS Regulations’)*
- Explosives Regulations 2014/1638
- Pyrotechnic Articles (Safety) Regulations 2015/1553
- Personal Protective Equipment (EU Regulation) 2016/425
- Gas Appliances (EU Regulation) 2016/426
- Electrical Equipment (Safety) Regulations 2016/1101
- Pressure Equipment (Safety) Regulations 2016/1105
- Equipment for use in potentially explosive atmospheres Regulations 2016/1107
- Measuring Instruments Regulations 2016/1153
- Non-automatic weighing instruments Regulations 2016/1152
- Electromagnetic compatibility Regulations 2016/1091
- Simple Pressure Vessels (Safety) Regulations 2016/1092
- Lifts Regulations 2016/1093
- Radio Equipment Regulations 2017/1206
- Recreational Craft Regulations 2017/737
*For the Restriction of Hazardous Substances in Electrical Equipment regulation, a two-part approach has been announced. Where products meet the maximum concentration values set out in Annex II to the EU RoHS Directive (2011/65/EU), the current EU regulations and CE marking will continue to be recognized in UK. Where a product relies on an exemption, the current EU regulations and CE marking will continue to be recognized provided there is an equivalent exemption under the GB RoHS regulations.
Summary
The introduction of the Product Safety and Metrology etc (Amendment) Regulations 2024 steps back from the originally indicated GB policy to replace the CE mark with the UKCA mark. It is for individual companies to decide which approach best fits their business. Note however that, as noted on the gov.uk website, not all products may take this approach. There are specific rules for medical devices, construction products, marine equipment, rail products, cableways, transportable pressure equipment and unmanned aircraft systems.
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Author
Ashley Weeks, Senior Regulatory Consultant, RINA
Ashley is a Senior Regulatory Consultant at RINA with a strong technical background in industry product legislation. He has expertise in CE Marking Directives/Regulations and UK equivalents such as EMCD, LVD, RED, Machinery and many others. Ashley provides advice to economic operators including manufacturers, importers and distributors to help them understand their specific product legislation requirements related to their products.
He also has co-operation with government departments such as the department for Business and Trade, communicating feedback from many SMEs to allow the relevant departments to ensure any updates to legislation are communicated in the clearest way possible. Prior to joining RINA, Ashley also has years of experience in the EMC (Electromagnetic Compatibility) world, originally working as a test engineer in different industries such as Military/Aerospace, Automotive & Commercial.
He can be contacted at – ashley.weeks@rina.org
Edited by Compliance & Risks
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