UK Product Safety and Metrology (UK Brexit)

Exit day is 31st October (this date is in a Statutory Instrument)

Today, the UK Office for Product Safety & Standards re-issued with updates the March Instructions on Product Safety and Metrology.

This September document – UK Product Safety and Metrology Guidance in a ‘no deal’ Brexit – is here.

The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019, as amended by the Product Safety, Metrology and Mutual Recognition Agreement (Amendment) (EU Exit) Regulations 2019, amend local law and retained EU Law, from Exit day.

These Brexit laws are in the subscribers’ Brexit Law List and consolidation is well underway – in the Brexit Consolidated Law List (next upload – start of October).

(1) The Brexit Law alters those legal provisions in UK regulations and retained EU law that would not work effectively when the UK leaves the EU without changes. The Brexit Law objective is to create a functioning regulated UK market.

(2) The safety and other technical requirements are not specifically changed, but processes are changed.

(3) Products lawfully placed on the EU market before the UK leaves the EU can continue to circulate in the UK (for a temporary period, consultation will occur before this period ends, and a new Brexit Law is required for the temporary period to end).

(4) Lawfully CE marked products will continue to be accepted by the UK, intended to be for a time limited period (see above).

(5) Products being placed on the UK market for the first time after the UK leaves the EU must meet the same technical requirements as before – but labelling or notification requirements will change.

(6) A new UK Conformity Assessed marking (“UKCA”) may be used for products that will be placed on the UK market where conformity assessment has been carried out by a UK approved body (formerly a notified body). This is because after Exit day, the EU no longer recognises UK based Notified Bodies and so they will become UK Approved Bodies. The UKCA mark is not yet set up.

(7) Products intended to be exported to the EU that require an independent third-party conformity assessment – this assessment must be carried out by an EU based Notified Body and the products must be ‘CE’ marked (where required) once they have been successfully assessed. After Exit day, this cannot be carried out by a UK Approved Body.

(8) Where currently allowed, UK manufacturers can continue to self-declare that products meet EU rules and place these products on either the UK or EU markets. [please recheck this with the EU import country]

(9) The UK will continue to recognise EU Notified Body conformity assessments, for a time limited period, so manufacturers and importers will still be able to place goods on the UK market lawfully bearing the CE marking where they have been assessed by an EU Notified Body (where required).

(10) The UK will publish a list of references to designated standards that will have the same function as harmonised standards and give presumption of conformity to legal requirements. On Exit day, these designated standards will be the same as the harmonised standards.

(11) When the UK leaves the EU, the role and responsibilities of the manufacturer will be unchanged. However, some UK businesses which bring products into the UK from an EEA State and who were previously “distributors” from Exit day become “importers” acquiring new legal duties, including complying with an enhanced set of requirements to check product compliance as well as to keep documentation and ensure their address appears on the product.

(12) There is an 18-month transitional period for these “new” importers during which they can put their details on documentation accompanying the product, rather than on the product itself. The same will apply to imports from Switzerland for certain products, for the same 18- month period.

(13) Cosmetic products that have the information of the EU responsible person on the container and packaging will be allowed on the UK market for 2 years after the UK leaves the EU, after which the container and packaging will need to bear the name and address of the UK responsible person.

(14) The EU will not have a transitional period and so UK manufacturers exporting to the EU will need immediately after Exit day to have the address of the relevant EU responsible person on the goods they are exporting.

Please read the September document carefully, and also re-check with the EU import country.

IP and Brexit (UK Brexit)

Exit day is 31st October (this day is set out in a Statutory Instrument)

This Blog does not post on intellectual property. But, in the interests of completeness, and because the matter of exhaustion of IP rights is a (possibly overlooked) aspect of the circulation of goods, this Blog post publicises the UK Intellectual Property Office (IPO) instructions on IP and Brexit (updated today 11th September).

Here

Extract

Intellectual property rights give rights holders the right to control distribution and re-sale of a product that is protected by IP after they have been put on the market.

Currently, exhaustion of IP rights occurs in the UK when an IP-protected good is placed on the market anywhere in the European Economic Area (EEA). This means that rights holders (such as the owner of a brand) may not prevent the movement of those goods within the EEA. These goods are known as parallel goods, which are genuine goods (that is not counterfeit).

While the UK remains a full member of the EU, intellectual property rights remain exhausted after the first sale of a good. This is with the right holders permission and within the territory of the European Economic Area (EEA).

If there is a no-deal, the UK will continue to recognise EEA exhaustion so the rules affecting imports of goods into the UK will not change. Goods placed on the market [in the EU], after the UK has exited the EU, will continue to be considered exhausted in the UK. This means that parallel imports of these genuine goods from the EEA to the UK will continue unaffected.

However, there may be restrictions on the parallel export of goods from the UK to the EEA. This is because goods placed on the UK market, after the UK has exited the EU, will not be considered exhausted in the EEA.

Businesses that wish to export IP-protected goods to the EEA that have already been legitimately put on the market in the UK, may need the rights holder’s consent. All businesses may wish to seek legal advice on how this arrangement could affect their business model or intellectual property rights.

Manufactured Goods (UK Brexit)

Exit day is 31st October (this is the date in a Statutory Instrument)

Yesterday (10th Sept) HMG re-published its instructions on Manufactured Goods.

Here

I did Blog post these instructions in March, note the UKCA mark. The UKCA mark is not available yet. CE marks will continue for a temporary period.

The Sept publication has an update reminder that Distributors will be Importers.

By now, everyone should be Brexit Ready.

The specific text re Importers – (note the EEA and Switzerland reference)

If you are currently a UK distributor, you need to confirm whether you or your supplier will become an ‘importer’ once the UK leaves the EU. This will usually be the case if you are the one bringing goods into the UK from the EU, EEA or Switzerland, and want to put them on the UK market after Brexit.

If you are becoming an ‘importer’ you will need to ensure you understand your legal obligations. You will need to make sure:

• goods are labelled with your company’s details, including your company’s name and a contact address (for 18 months after Brexit you can provide these details on the accompanying documentation rather than on the good itself)

• the correct conformity assessment procedures have been carried out and that any good you import carries the correct conformity markings

• the manufacturer has drawn up the correct technical documentation and complied with their labelling requirements

• you maintain a copy of the declaration of conformity for a period of 10 years

• you do not place a good you import on the market if you have reason to believe it does not conform with the relevant essential requirements

Travelling to the UK (UK Brexit)

Exit day is 31st October 2019

(or it may be the later date of 31st January 2020 – I will put a separate post if/when the Exit day changes to 31st January 2020)

Announced yesterday (4th September) by the UK Home Office – confirmation of return of the International Border – here

* no blue EU customs channel at ports/airports

* all travellers to UK must declare to customs (by choosing the red or green channel)

* blue UK passports in 2019 (passport renewals)

* no right to permanent residence for EU arrivals (this will be by Statutory Instrument)

* visitors and travellers for short trips will be let in

* stays beyond 3 months must be covered by successful applications to online Euro TLR (these can be made whilst in UK, and up to 31st December 2020)

* Euro TLR will permit one 3-yr stay only

* Euro TLR will permit work and property rental

* Employers not obliged to distinguish between Settled Status and Euro TLR workers until Jan 2021 (when new points-based Immigration system introduced)

* Foreigners owning UK property is unaffected (I believe – the announcement is silent) – but note the visitation restriction

Update on GB stickers (NI Brexit)

Exit day is 31st October (for the moment)

I posted yesterday with Warning re Get Ready Brexit Checker, and I said the reader should check in-country (the receiving country).

Statement from @deptinfra on GB stickers (posted by @DarranMarshal, twitter)

“The requirement that all UK motorists driving in Ireland should display a GB sticker stems from the 1949 Geneva Convention on Road Traffic. It is not an EU requirement & is not affected by Brexit.”

UK Get Ready Brexit Checker says all UK vehicles will be required to have a GB sticker when travelling in the Republic post Brexit.

Northern Ireland’s Department of Infrastructure statement:

“We are not aware of any occasion when this has been enforced by the Irish government.”

Warning – Get Ready Brexit Checker (UK Brexit)

Exit day is 31st October

It’s been drawn to my attention that the Department for Transport is asserting GB stickers must be affixed to vehicles. The text below (** text **) was showing yesterday on the Get Ready Brexit Checker, but is not showing today. Plus it is showing in the linked Guidance from Transport Goods out of the UK Instructions posted today in gov dot UK.

So the situation is confused. It may be the Get Ready Brexit Checker is simplifying. Please check with relevant Ministries and Agencies and in particular the authorities in the EU country being visited (they will be the enforcers not the UK).

** text **

UK registered vehicles displaying Euro-plates (a circle of 12 stars above the national identifier on a blue background) don’t need to fix a GB sticker to the rear of their vehicle when driving in EU countries. In non-EU countries, a GB sticker must still be displayed on the rear of UK-registered motor vehicles, caravans or trailers. Most motoring organisations and many tour operators will supply GB stickers.

Get Ready Brexit Checker (UK Brexit)

Exit day is 31st October

This is a better site – I haven’t fully tested it (obviously) but it answered correctly (eventually after many fields) to the GB car sticker aspect

** If you display the Euro symbol and Great Britain (GB) national identifier on your number plate, then you will NOT (my capitals) need a separate GB sticker when travelling within the European Union.

The Euro symbol must:

be a minimum height of 98mm

have a width between 40 and 50mm

have a reflective blue background with 12 reflecting yellow stars at the top

show the member state (GB) in reflecting white or yellow **

Sitehere.

Slew of Brexit Announcements (UK Brexit)

Exit day is 31st October (reminder, this is the date in the relevant Statutory Instrument)

In the past days, HMG (and their agencies) have announced a series of Instructions updates – please examine closely as the changes are not flagged.

(1) importing animals, animal feed etc – here.

(2) GMOs – here.

(3) import of animals, animal feed etc (further) – here.

(4) exporting animals and animal products – here.

(5) exporting active substances (medicines and healthcare) – here.

(6) ECMT international road haulage permits – here.

(7) food labelling changes – here.

(8) packaging and WEEE waste export (aspects) – here.

Plus, HMG now has a Get Ready site – here.

CAUTION with the Get Ready site – it has gaps and simplifications (amounting to errors) – please use more detailed information, and any doubts CHECK with the relevant Ministry or Agency.

Get Ready advertising will commence next week, I understand.