5 April 2019
Last week, the Government issued guidance on proposed changes to product safety laws if we exit the EU on a "no deal" basis. The guidance provides details of the regulations which are going to come into force if there is a "no deal" Brexit, namely the Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019.
The Regulations introduce changes to product safety laws including the Consumer Protection Act ("CPA") and the General Product Safety Regulations 2005 ("GPSR"). The guidance only applies from Exit Day if we leave the EU without a deal, which given recent events is becoming increasingly uncertain and businesses need to continue to prepare for all possible scenarios including a "no deal" Brexit.
The product safety landscape will not change dramatically following the UK's exit from the EU. However, amendments are required to create a framework for a UK market to replace that of an EU market. Manufacturers whose goods are already lawfully placed on the EU (and UK) market prior to Brexit will continue to be able to circulate in the UK and those which meet EU requirements (including those CE marked or tested by an EU conformity assessment body) can stay on the UK market post Brexit but for a limited time only. Further legislation is to be determined to end this limited period.
The guidance can be found here.
Manufacturers, importers and distributors to the UK should read the guidance carefully and we highlight below some of the key points:
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