The Product Safety and Metrology (Amendment and Transitional Provisions) Regulations 2022

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations are made in exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 2018 (c. 16) in order to address failures of retained EU law to operate effectively and other deficiencies (in particular as set out in paragraphs (a), (c), (d) and (g) of section 8(2) of that Act) arising from the withdrawal of the United Kingdom from the European Union.

The Regulations extend to England and Wales and Scotland only.

Regulation 2 extends the period during which certain obligations are met by complying with EU obligations from 24 months to four years from IP completion day for a number of products as set out in Schedule 1.

Regulation 3 extends the period during which conformity markings can be placed on a label affixed to the product, or a document accompanying the product, rather than on the product itself, from 36 months to seven years from IP completion day for a number of products as set out in Schedule 2.

Regulation 4 extends the period during which information identifying an importer can be set out in a document accompanying the imported product from 24 months to seven years from IP completion day for a number of products as set out in Schedule 3.

Regulations 5 and 6, 8 to 14 and 15(2)(b) to 22 provide that where a manufacturer has taken action under EU conformity assessment procedures before 31st December 2024, that action will be treated as if taken under the conformity assessment procedures which apply in Great Britain. The provision includes conditions relating to the continued validity of certificates issued in respect of the EU conformity assessment procedures and a cut-off date of 31st December 2027, after which the provision will cease to have effect.

Regulation 7, in relation to cosmetics, extends the period during which the requirement to set out information identifying a responsible person in a document accompanying an imported cosmetic product is treated as met if the document provides information identifying an EU responsible person from 24 months to seven years from IP completion day.

Regulation 15(2)(a) corrects a minor miscellaneous deficiency.

An Explanatory Memorandum is published alongside these Regulations on www.legislation.gov.uk.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.