Exiting the EU – Product Safety Regulations

Published: Monday, January 14, 2019 - 11:54

Exiting the EU – Product Safety Regulations

Arrangements have been put into place to ensure that Product Safety regimes including those related to areas such as Lifting Operations and Lifting Equipment, Explosives, Supply of Machinery and Supply of Electrical Equipment are maintained through the EU Exit process.

 

In the event of a Deal and formal Transition Period:

European product safety legislation will continue to apply to the UK during the transition period until 31 December 2020.  No immediate changes.

 

In the event of No-Deal:

The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 have been produced.  This is draft legislation and has not yet been made as a UK Statutory Instrument.  It is anticipated for Parliamentary debate in February.  The draft effectively transfers all of the existing supply legislation into a new UK Regulation, leaving out all the references to the EU, EU Declarations of Conformity, EU notified bodies etc. If passed as is, it will essentially mean that there will be no immediate changes.

 

The draft regulations cover:

Amendment of primary legislation

  • Hallmarking Act 1973.
  • Weights and Measures Act 1985.
  • Consumer Protection Act 1987.

Amendment of subordinate legislation

  • Measuring Container Bottles (EEC Requirements) Regulations 1977.
  • Measuring Instruments (EEC Requirements) Regulations 1988.
  • Weights and Measures (Intoxicating Liquor) Order 1988.
  • Lifting Operations and Lifting Equipment Regulations 1998.
  • Noise Emission in the Environment by Equipment for use Outdoors Regulations 2001.
  • General Product Safety Regulations 2005.
  • Offshore Installations (Safety Case) Regulations 2005.
  • Weights and Measures (Packaged Goods) Regulations 2006.
  • Supply of Machinery (Safety) Regulations 2008.
  • Aerosol Dispensers Regulations 2009.
  • Accreditation Regulations 2009.
  • Toys (Safety) Regulations 2011.
  • Explosives Regulations 2014.
  • Weights and Measures (Revocations) Regulations 2015.
  • Offshore Installations (Offshore Safety Directive) (Safety Case etc.) Regulations 2015.
  • Pyrotechnic Articles (Safety) Regulations 2015.
  • Electromagnetic Compatibility Regulations 2016.
  • Simple Pressure Vessels (Safety) Regulations 2016.
  • Lifts Regulations 2016.
  • Electrical Equipment (Safety) Regulations 2016.
  • Pressure Equipment (Safety) Regulations 2016.
  • Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations 2016.
  • Non-automatic Weighing Instruments Regulations 2016.
  • Measuring Instruments Regulations 2016.
  • Recreational Craft Regulations 2017 and related amendment.
  • Radio Equipment Regulations 2017.

Amendment of subordinate legislation relating to Northern Ireland

  • Identification and Traceability of Explosives Regulations (Northern Ireland) 2013.
  • Making Available on the Market and Supervision of Transfers of Explosives Regulations (Northern Ireland) 2016.
  • Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations (Northern Ireland) 2017
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