The Office for Product Safety and Standards (OPSS) are responsible for the regulatory framework for product safety, weights and measures and hallmarking. To date OPSS have laid four Statutory Instruments (SIs), fixing deficiencies in EU retained law, that arise as a result of the UK’s exit from the EU.
These SIs were made in preparation of exiting without agreement, the main SI being SI No. 696 - Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019. This SI is due to come into force at the end of the Transition Period, covering the whole of the UK.
As part of the legislative programme the following three SIs were laid in Parliament on 2 July 2020:
1. “Extent & Meaning of the Market” - The Product Safety and Metrology etc. (Amendment to Extent and Meaning of Market) (EU Exit) Regulations 2020 – SI – 676: The Product Safety and Metrology etc. (Amendment to Extent and Meaning of Market) (EU Exit) Regulations 2020
2. “Exit Day” - The Product Safety and Metrology (Amendment) (EU Exit) Regulations 2020 (currently being sifted): The Product Safety and Metrology (Amendment) (EU Exit) Regulations 2020
3. “NI Protocol – Pressure Vessels” - The Pressure Vessels (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 – SI – 678: The Pressure Vessels (Amendment) (Northern Ireland) (EU Exit) Regulations 2020
In addition to the SIs already in place OPSS are proposing to introduce 5 further SIs this year. These are;
NI Protocol SI – consumer goods – due to be laid mid-October 2020
This SI will make changes to the underlying regulations in respect of consumer products such as toys and electrical equipment, so they continue to apply in NI.
NI Protocol SI – industrial goods – due to be laid mid-October 2020
This SI will make changes to the underlying regulations in respect of industrial goods such as lifts and machinery, so they continue to apply in NI.
OSI SI – due to be laid 17 August 2020
The Withdrawal Agreement (WA) includes ‘Other Separation Issues’ provisions which relate to Goods Placed on the Market before the end of the Transition Period.
Article 41 provides for continued free circulation of goods placed on the UK or EU market before the end of the TP. This SI enables businesses to continue to make products already placed on either or both markets available without the need to have them conformity assessed again or change labelling or marks
Article 43.1 requires UK and EU market surveillance authorities (MSAs) to exchange relevant information about goods which were placed on the market before the end of the Transition Period (TP).
This SI will allow OPSS (on behalf of the SoS) to coordinate this activity on behalf of Local Authority Trading Standards.
This SI will also include minor amendments to exit regulations to avoid conflict with the provisions in Articles 41 and 43.
Affirmative Policy SI – due to be laid 14 October 2020
The purpose of this SI is to deliver provisions to both Great Britain facing and Northern Ireland facing product safety and metrology legislation (ranging from lifts and machinery to cosmetics and toys).
This SI will also include:
- The approach on unfettered access to the rest of the United Kingdom market for Northern Ireland Qualifying Goods
- The approach to continued recognition of goods that meet EU requirements (such as EU conformity assessment and CE marking), as set out in previous product safety and metrology EU Exit legislation
- This SI will provide for the form and font of UK(NI) indication accompanying marking for goods on the GB and Northern Ireland market.
- Amendments to primary legislation and retained direct EU law that will ensure a complete picture on how goods from the EU and from NI will be treated on the GB market.
MRA continuity SI – due to be laid 14 October 2020
This SI will give legal effect to continuity Mutual Recognition Agreements (MRAs) the UK signed with non-EU countries (third countries) to help facilitate trade
More general information is available at: https://www.gov.uk/transition