Changes to product safety rules in the UK
Changes to product safety rules in the UK.
The Department for Business and Trade (DBT) has announced plans to change product safety rules in the UK. It explains which sectors will benefit from the extension of the CE mark and announces a reorganisation of product safety.
(Published by: William Barns-Graham)
Following news that manufacturers can continue to use the CE mark indefinitely for a number of products launched in the UK, the Department for Business and Trade (DBT) on 2 August announced plans to change the product safety rules. It also clarified which sectors will benefit from the extension of the CE mark, with medical devices and building services among those not covered by yesterday's announcement. Companies in these sectors will still have to prepare to use the UK's own quality mark.
Developments in product safety
The announcement focuses on the UK's product safety regulations, which the government says are more than 30 years old and will be "reviewed to adapt to new technologies and new shopping habits".
DBT said the regulatory overhaul is a "Brexit benefit", helping to "reduce business costs and cut unnecessary red tape". As part of the refresh, DBT plans to introduce e-labelling of products.
"Jestem determined to use our post-Brexit freedoms to identify outdated EU rules imposing unnecessary burdens on business and reform them for the benefit of both businesses and consumers", said Minister of Trade and Business Kemi Badenoch.
"These changes will provide better protection for consumers while maintaining our world-leading safety standards, as well as lowering costs for businesses to give them the freedom they need to innovate and grow, helping to create jobs and grow the economy".
DBT is launching a public consultation on the plans, which will run until 24 October 2023.
Explanation of the CE mark
The department has announced that it is extending the use of the CE mark in the UK indefinitely, saving manufacturers from the 'cliff edge' at the end of next year, when they would have to start using the UK's post-Brexit equivalent, the UKCA mark, to trade in the UK.
However, the FT reports that the announcement has created some 'uncertainty' as two sectors -. medical devices ** and construction services* - were not included in the extension.
The DBT explains that the extension will only apply to sectors affected by the 18 regulations it oversees.
Deadlines
The Construction Products Association (CPA) issued a notice yesterday to warn its members that the extension has no impact on the sector and that the CE mark will continue to be recognised in the UK for products covered by the extension until 30 June 2025, when the UKCA mark will become a mandatory requirement.
The government has published an update on upcoming deadlines related to the use of the CE mark for medical devices and in vitro diagnostic (IVD) medical devices here.
The British Healthcare Traders Association (BHTA) called on the government to "urgently clarify" the outlook for the sector, while the CPA told the FT it was concerned "that policymakers do not fully understand or appreciate the seriousness of this policy position".
Missed opportunity
Eurosceptic MEPs said the decision to extend the use of the CE mark in the UK effectively keeps the country in line with EU standards.
Sir Iain Duncan Smith told the Telegraph that this meant the UK was missing an opportunity to move away from the bloc and establish its own regulatory approach.
"Jest me very disappointed that we haven't done it yet, and now we have to go through this sudden turnaround", he said.
"It would have made a huge difference if we had started our deregulation process, instead of what happened, in a panic we chose the easier option of allowing the CE mark to remain.".
.................................................................
CONSTRUCTION SERVICES
*The Construction Products Association (CPA) warns, following clarification from the Department for Land Leveling, Housing and Communities (DLUHC), that today's announcement by the UK government of an indefinite extension of CE marking for UK companies does not apply to the construction products sector. Rather, the situation for our sector remains the same; that is, the recognition of CE marking for construction products in the UK will continue until 30 June 2025, when the implementation of the UK CA marking scheme is due to become mandatory.
"We are concerned that policymakers do not fully understand or appreciate the seriousness of this policy position, not only for our sector and the construction industry, but also for any government ambitions for UK housing, schools, hospitals, infrastructure and the wider built environment."
"The CPA has long argued that every day that manufacturers have to wait for clarification from the government causes more damage. This uncertainty has exacerbated product availability issues, led to product recalls by UK and overseas manufacturers, reduced investment and R&D, and thus negatively impacted jobs and the ability of the product sector to support the UK construction industry on a daily basis."
"We hope that today's announcement reflects a new appreciation by policymakers of the costs and burdens caused by the CA Mark scheme. We would welcome further discussions with government to ensure that the UK building products sector sees similar clarity soon."
...........................................................................
MEDICAL DEVICES
The extended recognition of the CE marking announced this morning does not apply to medical devices or IVDs.
The government has already introduced regulations amending The Medical Device Regulations 2002 (SI 2002 No 618, as amended) (UK MDR) to extend the acceptance of CE-marked medical devices in the UK market. More specifically, the regulations now allow CE-marked medical devices to enter the UK market on the following dates:
-General medical devices complying with the EU Medical Devices Directive (EU MDD) or the EU Active Implantable Medical Devices Directive (EU AIMDD) with a valid declaration and CE marking may be placed on the UK market until the earlier of the expiry date of the certificate or 30 June 2028
-In vitro diagnostic (IVD) medical devices complying with the EU In Vitro Diagnostic Medical Devices Directive (EU IVDD) may be marketed in the UK until the earlier of the expiry of the certificate or 30 June 2030, and
-general medical devices, including custom-made devices complying with the EU Medical Devices Regulation (EU MDR) and in vitro diagnostic medical devices complying with the EU In Vitro Diagnostic Medical Devices Regulation (EU IVDR) may be marketed in the UK until 30 June 2030.
