Statutory guidance

Simple Pressure Vessels (Safety) Regulations 2016: Northern Ireland

Updated 7 November 2023

Guidance on the regulations as they apply to vessels being supplied in or into Northern Ireland.

November 2023

1. Introduction

This Guide is for businesses placing simple pressure vessels on the market in Northern Ireland.

Under the terms of the Windsor Framework see footnote 1, Northern Ireland (“NI”) aligns with relevant EU rules (in Annex 2) relating to the placing on the market of manufactured goods. Simple pressure vessels placed on the NI market must therefore follow UK law as it applies to NI. The relevant law is the Simple Pressure Vessels (Safety Regulations) 2016, which apply across the UK, but some of the provisions apply differently in NI so that they implement the Simple Pressure Vessels Directive 2013/53/EU in NI.

This Guide is designed to help you comply with The Simple Pressure Vessels (Safety) Regulations 2016, as they apply in NI. References to “the 2016 Regulations” in this document are therefore references to the Simple Pressure Vessels (Safety) Regulations as they will apply in NI.

The 2016 Regulations set out the requirements that must be met before simple pressure vessels can be placed on the NI market. The purpose of the legislation is to ensure safe vessels are placed on the market by requiring manufacturers to show how their vessels meet the ‘essential safety requirements’.

Since 16 July 2021, the EU Regulation on Market Surveillance 2019/1020 (referred to as “MSC” in this document) has replaced the market surveillance provisions in the Regulation on Accreditation and Market Surveillance 765/2008. Under the terms of the Windsor Framework, EU rules on goods apply in Northern Ireland, including MSC, which will be directly applicable in NI and applies in addition to the 2016 Regulations. MSC does not apply in Great Britain.

Article 4 of MSC requires that an economic operator responsible for compliance must be based in the EU (or NI) in order to lawfully place certain products on the market, including simple pressure vessels. This responsible economic operator must fulfil certain compliance tasks. This Guide summarises key requirements of Article 4, but detailed guidance is available here.

Read guidance on placing certain products on the Northern Ireland market

Vessels placed on the Great Britain (“GB”) market (GB comprises England, Scotland and Wales) must follow the rules for the GB market. If you are placing simple pressure vessels on the market in Great Britain, you should read the relevant separate guidance.

Read guidance on the regulations in Great Britain

The government is committed to providing unfettered access for qualifying NI goods to the rest of the UK market. Vessels that can be placed on the market in NI in accordance with the 2016 Regulations, as they apply in NI, can be sold in the rest of the UK without any additional approvals. The arrangements here are explained in detail in the separate guidance for placing simple pressure vessels on the market in GB.

Read guidance on the regulations in Great Britain

2. Legislative Background

The Directive on Simple Pressure Vessels 2014/29/EU was adopted on 26 February 2014 and entered into force on 20 April 2016, replacing the previous Directive 2009/105/EC.

The Directive was implemented into UK law by The Simple Pressure Vessels (Safety) Regulations 2016 (SI 2016 No. 1092). These Regulations replace the Simple Pressure Vessel Regulations 1991.

The Directive continues to apply in respect of NI, under the terms of the Windsor Framework. However, the 2016 Regulations (as they apply in NI) also implement parts of the Windsor Framework which have particular provisions in them, recognising that the UK has left the EU.

There is therefore one set of UK 2016 Regulations, but some of the provisions apply differently in NI and GB. References to the 2016 Regulations in this guidance are references to those Regulations as they apply in NI.

The 2016 Regulations were amended by the Product Safety and Metrology etc. (Amendment etc.) (UKNI marking) (EU Exit) Regulations 2020, the Pressure Vessels (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 and the Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 to give effect to the Windsor Framework as it relates to the placing on the NI market of simple pressure vessels. See footnote 2

3. Scope

The 2016 Regulations apply to simple pressure vessels manufactured in series with the following characteristics:

• the vessels are welded, intended to be subjected to an internal gauge pressure greater than 0,5 bar and to contain air or nitrogen, and are not intended to be fired
• the parts and assemblies contributing to the strength of the vessel under pressure are made either of non-alloy quality steel or of non-alloy aluminium or non-age hardening aluminium alloys

• the vessel is made of either of the following elements:

  • a cylindrical part of circular cross-section closed by outwardly dished and/or flat ends which revolve around the same axis as the cylindrical part
  • two dished ends revolving around the same axis
• the maximum working pressure of the vessel does not exceed 30 bar and the product of that pressure and the capacity of the vessel (PS × V) does not exceed 10 000 bar.L
• the minimum working temperature is no lower than – 50 °C and the maximum working temperature is not higher than 300 °C for vessels constructed of steel and 100 °C for aluminium or aluminium alloy vessels

The 2016 Regulations do not apply to simple pressure vessels placed on the market before 8 December 2016. Such products remain regulated under the Simple Pressure Vessel Regulations 1991. Similarly, vessels which were approved under the legislation of other Member States of the European Union implementing the previous Directive (2009/105/EC) remain regulated under those pieces of legislation.

4. Requirements

The 2016 Regulations

There are differing requirements according to the category of vessel.

Category A vessels must be designed and manufactured in accordance with the ‘essential safety requirements’ before being placed on the NI market. Compliance with the terms set out in a harmonised standard is one way that may demonstrate compliance with the essential safety requirements of the 2016 Regulations as they apply in NI. A “harmonised standard” means a technical specification which has been adopted by a recognised standardisation body see footnote 3 for repeated or continuous application and which has been designated by the EU by publishing its reference in the Official Journal of the European Union. A “technical specification” is a document listing the technical requirements which a product must meet.

Category B vessels (of a lower capacity and pressure and therefore a lower risk than Category A) must be designed and manufactured in accordance with sound engineering practice in NI and the European Economic Area (EEA).

• Category A vessels are simple pressure vessels of which the product of PS x V exceeds 50 bar.L.
• Category B vessels are simple pressure vessels of which the product of PS x V is 50 bar.L or less.

MSC

Responsible economic operator

If a vessel is offered for sale or supply to NI (or EU) consumers, it is considered to be placed on the EEA market. Article 4 requires that a responsible economic operator must be based in NI (or the EU) to carry out certain compliance tasks in respect of that vessel. This can be the manufacturer, an importer, a manufacturer’s authorised representative, or a fulfilment service. They must carry out the compliance tasks in Article 4 and their contact details must be indicated on the product or on its packaging, the parcel or an accompanying document.

Read guidance on placing certain products on the Northern Ireland market

5. Obligations of manufacturers

The 2016 Regulations

A manufacturer is a person who manufactures a simple pressure vessel, or has simple pressure vessels designed or manufactured, and markets that simple pressure vessel under their name or trademark.

The obligations of manufacturers of simple pressure vessels include:

1. Before placing a Category A vessel on the NI market, a manufacturer must ensure that it has been designed and manufactured in accordance with the essential safety requirements. These are set out in Schedule 1 to the 2016 Regulations. They must also have had have a relevant conformity assessment procedure carried out and technical documentation drawn up.
2. Once this has been done for Category A vessels, a manufacturer must draw up an EU Declaration of Conformity, ensure that Declaration accompanies the product and affix the CE marking visibly, legibly and indelibly to the vessel.
3. When conformity assessment has been carried out by a UK notified body, the UKNI marking see footnote 4 must be affixed as well as the CE marking. A product with both the CE and the UKNI markings cannot be placed on the EU market. There is separate guidance on when and how to use the UKNI marking. Read guidance on UKNI marking
4. The manufacturer must also affix the inscriptions (that is, the maximum working pressure and temperature, the minimum working temperature and the capacity of the vessel).
5. Before placing a Category B vessel on the NI market, a manufacturer must ensure that the vessel has been designed and manufactured in accordance with sound engineering practice of NI or an EEA state.
6. For Category B vessels, the manufacturer must affix the inscriptions (that is, the maximum working pressure and temperature, the minimum working temperature and the capacity of the vessel).
7. For category A vessels, manufacturers must keep the EU Declaration of Conformity up to date and must keep it and the technical documentation for 10 years.
8. Manufacturers must also label vessels or their data plates with the type and serial or batch identification, the manufacturer’s name, registered trade name or registered trade mark and address; and ensure that they are accompanied by instructions and safety information which are clear, legible and in easily understandable English.
9. Manufacturers must ensure that procedures are in place for series production to remain in conformity with Part 2 of the 2016 Regulations. In doing so, they must take account of any changes in simple pressure vessel design or characteristics, and any change in a harmonised standard or in another technical specification by reference to which the EU Declaration of Conformity was drawn up.
10. Manufacturers must, when appropriate with regard to any risk posed to end-users, carry out sample testing of vessels they have placed on the NI market and investigate any complaints that the vessels are not in conformity with the relevant legal requirements in the 2016 Regulations and keep a register of those complaints, of vessels not in conformity, and of any product recalls for at least 10 years.
11. Manufacturers must take action where they have reason to believe that the vessel they have placed on the NI market is not in conformity with the legal requirements of the 2016 Regulations by bringing the equipment into conformity, withdrawing the vessel or recalling the vessel. Where the vessel presents a risk, the manufacturer must immediately inform the market surveillance authority (MSA), and the competent authorities of any relevant state in which the manufacturer has made the vessel available on the market, of the risk, giving details of how the vessel is not in conformity and any corrective measures taken. Read more information on how to notify the MSA.
12. Manufacturers must also cooperate with and provide information to enforcing authorities following any requests.

MSC

If a vessel is offered for sale or supply to NI (or EU) consumers, it is considered to be placed on the EEA market. Article 4 requires that a responsible economic operator must be based in NI (or the EU) to carry out certain compliance tasks in respect of that vessel. This can be the manufacturer, the importer, a manufacturer’s authorised representative, or a fulfilment service. The responsible economic operator must:

1. Keep documentation: Verify that the EU declaration of conformity or declaration of performance and technical documentation have been drawn up, keep the declaration of conformity or declaration of performance at the disposal of market surveillance authorities for 10 years and ensure that the technical documentation can be made available to those authorities upon request.
2. Provide documentation: If a reasoned request is made by a market surveillance authority, provide them with all information and documentation necessary to demonstrate the conformity of the product.
3. Notify risk: If there is reason to believe a product presents a risk, inform the market surveillance authority.
4. Cooperate: Cooperate with market surveillance authorities, including requests to take appropriate corrective action. If that is not possible, mitigate the risks presented by the product when they believe the product presents a risk or are requested to do so by the market surveillance authorities.

The contact details of the responsible economic operator must be indicated on the product or on its packaging, the parcel or an accompanying document.

6. Obligations of authorised representatives

A manufacturer can appoint an authorised representative to perform certain tasks on their behalf.

An authorised representative appointed by a manufacturer to represent them in either the NI or EEA markets cannot be based in GB. This means that GB based authorised representatives cannot carry out tasks on the manufacturer’s behalf for products being placed on the NI or EEA markets.

An authorised representative based in NI can, under the 2016 Regulations as they apply in NI, carry out tasks on the manufacturer’s behalf for products placed on the NI or EEA markets.

An authorised representative must comply with all the duties imposed on the manufacturer under the 2016 Regulations that they are appointed by the manufacturer to perform. There are some duties that a manufacturer cannot mandate an authorised representative to perform (e.g. conformity assessment) and some that must form part of the authorised representatives mandate (e.g. retention of technical documentation).

A manufacturer remains responsible for the proper performance of any obligations the authorised representative performs on their behalf.

Any references in the 2016 Regulations to the manufacturer are to be taken to include a reference to the authorised representative including in relation to penalties for failure to comply with those duties, insofar as it concerns the duties the authorised representative takes on.

7. Obligations of importers

For the purposes of the 2016 Regulations as they apply in NI, an importer is a business or person established in NI or the EEA who places a vessel from outside of the EEA or NI on the NI or EEA market. Therefore, a business or person based in NI who is supplied with a product from GB will be an importer under the 2016 Regulations as they apply in NI.

The obligations of importers include:

1. Before placing a Category A vessel on the NI market an importer must ensure that it is in conformity Part 2 of the 2016 Regulations. This means that the vessel must comply with the essential safety requirements set out in Schedule 1 and that each economic operator has complied or is complying with their obligations under Part 2 of the 2016 Regulations.
2. For Category A vessels, the importer must ensure that the relevant conformity assessment has been carried out by the manufacturer; the manufacturer has drawn up technical documentation; the vessel is CE marked and is accompanied by the EU Declaration of Conformity. For Category B vessels, the importer must ensure the vessel has been designed and manufactured in accordance with sound engineering practice and that each economic operator has complied with their obligations under Part 2 of the Regulations.
3. When conformity assessment has been carried out by a UK notified body, the UKNI marking see footnote 4 must be affixed as well as the CE marking. A product with both the CE and the UKNI markings cannot be placed on the market in the EU. There is separate guidance on when and how to use the UKNI marking. Read guidance on UKNI marking
4. The importer must keep a copy of the EU Declaration of Conformity and technical documentation for a period of 10 years after the vessel has been placed on the NI or EEA market.
5. The importer must provide their name trade, registered trade name and a postal address at which they can be contacted on the vessel or, where it is not possible to put this information on the vessel itself, in a document accompanying the vessel.
6. The importer must ensure that when placing simple pressure vessels on the NI or EEA markets, an importer must ensure that it is accompanied by instructions and safety information which can be easily understood by the end user. For products being placed on the NI market, these instructions must be in English.
7. The importer must ensure that Category A vessels under their responsibility are safely stored and transported.
8. The importer must, when appropriate with regard to any risk posed to consumers, carry out sample testing of vessels they have placed on the NI market and investigate complaints about simple pressure vessels that are not in conformity with the 2016 Regulations and keep a register of those complaints for at least 10 years.
9. The importer must take action where they have reason to believe that the vessel they have placed on the NI market is not in conformity with the legal requirements of the 2016 Regulations by bringing the equipment into conformity, withdrawing the vessel or recalling the vessel. Where the vessel presents a risk, the importer must immediately inform the market surveillance authority, and the competent authorities of any relevant state in which the importer has made the vessel available on the market, of the risk, giving details of how the vessel is not in conformity and any corrective measures taken. Read more information on how to notify the MSA.
10. The importer must also cooperate with and provide information to enforcing authorities following any requests.

8. Obligations of distributors

A distributor is any person, other than the manufacturer or importer, who makes a simple pressure vessel available on the NI or EEA markets.

NI businesses which were distributors of simple pressure vessels supplied to them from GB should now consider whether they are classified as importers under the 2016 Regulations (as they apply in NI) and therefore what additional requirements they need to comply with – see section 7 above. Under the 2016 Regulations that will apply in NI an NI business placing a product from GB on the NI market does so as an importer, not as a distributor under the 2016 Regulations, as they apply in NI.

The obligations of distributors include:

1. Before making a simple pressure vessel available on the NI market a distributor takes due care to ensure that it is in conformity with Part 2 of the 2016 Regulations.
2. Before making a Category A vessel available on the NI market a distributor must ensure that it bears the CE marking see footnote 5 and for all vessels subject to the 2016 Regulations the distributor must ensure that the vessel bears the inscriptions, that it is accompanied by instructions and safety information, that the manufacturer has complied with the requirements as to labelling and the importer has complied with the requirements as to identification.
3. The distributor must ensure that the Category A vessels under their responsibility are safely stored and transported.
4. The distributor must take action where they have reason to believe that the vessel they have placed on the NI market is not in conformity with the legal requirements of the 2016 Regulations by bringing the equipment into conformity, withdrawing the vessel or recalling the vessel. Where the vessel presents a risk, the distributor must immediately inform the market surveillance authority, and the competent authorities of any relevant state in which the distributor has made the vessel available on the market, of the risk, giving details of how the vessel is not in conformity and any corrective measures taken. Read more information on how to notify the MSA.
5. The distributor must also cooperate with and provide information to enforcing authorities following any requests.

9. Products placed on the market before 1 January 2021

If you placed an individual fully manufactured product on the EEA or the UK market (either in NI or GB) before 1 January 2021, you do not need to take any additional action. These individual goods can continue to circulate on either market until they reach their end user and do not need to comply with the changes that took effect from 1 January 2021.

A fully manufactured good is ‘placed on the market’ when there is a written or verbal agreement (or offer of an agreement) to transfer ownership or possession or other rights in the product. This does not require physical transfer of the good.

You can usually provide proof of placing on the market on the basis of any relevant document ordinarily used in business transactions, including:

• contracts of sale concerning goods which have already been manufactured and meet the legal requirements
• invoices
• documents concerning the shipping of goods for distribution

The relevant economic operator (whether manufacturer, importer or distributor) bears the burden of proof for demonstrating that the good was placed on the market before 1 January 2021.

10. Conformity Marking

Where a vessel is being placed on the NI market, and the manufacturer chooses to have it conformity assessed by an EU recognised body, the marking for the NI and EEA markets continues to be the CE marking.

The CE marking can continue to be used for the GB market see footnote 6, as long as all the other rules have been met.

Since 1 January 2021, where the manufacturer chooses to have the vessel conformity assessed by a UK notified body, the CE marking must be accompanied by the UKNI marking (also known as the UK(NI) indication). Products with the UKNI marking cannot be placed on the EEA market.

There is separate guidance on when and how to use the UKNI marking.

Read guidance on UKNI marking

11. Notified Bodies

Notified Bodies are independent organisations notified to the European Commission to carry out the procedures for conformity assessment and certification set out in the 2016 Regulations.

From 1 January 2021, all UK Notified Bodies have remained Notified Bodies for the purpose of CE marking products for the NI market. When these UK bodies are used for mandatory conformity assessment activity, then the manufacturer will need to affix both the CE and the UKNI markings. A product with both the CE and the UKNI markings cannot then be placed on the market in the EEA. There is separate guidance on when and how to use the UKNI marking.

Read guidance on UKNI marking.

A list of EU Notified Bodies can be found on the NANDO website. Economic operators requiring conformity assessment and CE marking are free to select any suitable Notified Body from any Member State. If a manufacturer uses a Notified Body from this list, then they apply only the CE marking to their product (not both the CE and the UKNI markings).

Access the list of UK Notified Bodies.

12. Qualifying Northern Ireland Goods

The government is committed to providing unfettered access for qualifying NI goods to the rest of the UK market. Vessels that can be placed on the NI market in accordance with the 2016 Regulations can be sold in the rest of the UK without any additional approvals. The guide to placing simple pressure vessels on the GB market has further details on these arrangements.

Read guidance on qualifying Northern Ireland goods

13. Enforcement

For products intended for workplace use, the Health and Safety Executive for Northern Ireland (HSENI) has a duty to enforce the 2016 Regulations in NI.

In NI district councils have a duty to enforce the 2016 Regulations in relation to consumer goods.

Where the vessels are intended to be used on UK nuclear sites, the Office for Nuclear Regulation has a duty to enforce the 2016 Regulations.

The 2016 Regulations also provide powers to the Secretary of State or a person appointed to act on their behalf to enforce the Regulations and RAMS (Regulation (EC 765/2008 which sets out requirements for market surveillance of products).

The 2016 Regulations provides the power to market surveillance authorities to take action against economic operators for products that present a risk or are not in conformity with the 2016 Regulations. There are requirements on economic operators to co-operate with the enforcement authority as appropriate on request.

Safeguard procedure

Enforcement authorities are required under the 2016 Regulations to take all appropriate measures to withdraw from the NI market, or to prohibit or restrict the supply of products bearing CE Marking which may endanger the health and safety of persons, property or the environment if the relevant economic operator does not do so. Under the safeguard procedure, the UK must inform the European Commission and EU Member States immediately of any enforcement action taken indicating the reasons justifying the action. This will enable Member States to take action against similar products placed on the market on their territories. If a Member State initiates the procedure with respect to action taken on their territories, certain actions are required of UK market surveillance authorities and the Secretary of State. The European Commission will determine whether the action taken is justified; if so, enforcement authorities must take necessary measures to ensure the vessel is withdrawn from the market.

Where the European Commission finds the action taken by the Member State initiating the safeguard procedure is not justified, that Member State must withdraw the measure.

Regulators’ Code

Market surveillance authorities must have regard to the Regulators’ Code when developing the policies and operational procedures that guide their regulatory activities in this area. They should carry out their activities in a way that supports those they regulate to comply and grow, including choosing proportionate approaches that reflect risk.

In responding to non-compliance that they identify, regulators should clearly explain what the non-compliant item or activity is, the advice being given, actions required or decisions taken, and the reasons for these. Unless immediate action is needed to prevent a serious breach, regulators should provide an opportunity for dialogue in relation to the advice, requirements or decisions, with a view to ensuring that they are acting in a way that is proportionate and consistent. The Secretary of State takes account of the provisions of both the Regulators’ Code and the Growth Duty in exercising their regulatory functions.

Read the Regulators’ Code

Penalties

A person committing an offence under the 2016 Regulations may be liable to a penalty. Penalties can include a fine or a prison sentence of up to three months (or both) for the most serious offences. It is matter for the enforcement authority to decide whether prosecution is appropriate in each case taking into account the circumstances of the case and the enforcement authorities’ own policies, operational procedures and practices in line with the Regulators Code. Should a prosecution take place, and the economic operator is found to be in breach, it is at discretion of the court to decide the penalties imposed on the offender.

14. European Commission Guidance

Access guidance from the European Commission

The European Commission has produced guidance called the Blue Guide intended to contribute to a better understanding of EU product safety rules and to their more uniform and coherent application across different sectors and throughout the single market.

Access the Blue Guide from the European Commission

15. Glossary

• Approved Body – A conformity assessment body which has been approved by the Secretary of State or was a UK ‘Notified Body’ prior to 1 January 2021 able to carry out conformity assessment of products with a view to UKCA marking They are not recognised by the EU (unless they have a presence in the EU) and cannot approve CE marking.
• Authorised Representative – A person appointed in writing by a manufacturer to perform specific tasks for the manufacturer. An authorised representative can be based anywhere in the EEA or NI but cannot be based in GB. Manufacturers remain ultimately responsible for ensuring these tasks are carried out properly.
• CE marking – the CE marking can be placed on products which have been conformity assessed by an EU Notified Body and are intended for the EU or NI markets.
• Distributor – Any person in the EEA or NI supply chains, other than the manufacturer or the importer, who makes a product available in the EEA or NI markets.
• Enforcing Authority – In NI, for products in the use in the workplace, the enforcing authority is the Health and Safety Executive for Northern Ireland (HSENI). For products for private use it is district councils.

• EU Declaration of conformity – A document prepared by the manufacturer which must detail, amongst other things, the following:

  • the specific product to which the Declaration is referring; and
  • the name and address of the manufacturer and, where applicable, their authorised representative.

This must be kept by the manufacturer for a period of ten years from the date on which the product was placed on the NI market. This Declaration must be made available to the enforcing authority upon request.

• Fulfilment service – A natural or legal person offering, in the course of commercial activity, at least two of the following services: warehousing, packaging, addressing and dispatching, without having ownership of the products involved. This does not include postal, parcel or freight services. See footnote 7
• Importer – A person established in the EEA or NI who places a product from a country outside of the EEA or the NI (including GB) on the NI market. A person who before 1 January 2021 was a distributor is now an importer if they are bringing products into the NI from a country outside of the EEA (including if they are placing the product on the NI market from GB).
• Manufacturer – A person who manufactures a product or has a vessel designed or manufactured and markets that product under their name or trademark.
• Notified Body – A conformity assessment body based in the EEA which has been approved by an EEA Member State to carry out conformity assessment for placing products on the EU and NI markets; or a conformity assessment body that is based in the UK and have been approved by the Secretary of State, including bodies which were notified bodies whilst the UK followed EU rules. If these UK based Notified Bodies are used, the CE marking must be accompanied by the UKNI marking and cannot be placed on the EEA market (just the NI market, or, where it is also a qualifying NI good, the GB market).
• UKCA Marking – The UK Conformity Assessed (UKCA) marking is the new UK conformity marking used for certain goods being placed on the GB market, in place of the CE marking, which is the conformity marking used in the European Union. Products being placed on the NI market cannot be UKCA marked and must continue to be CE marked. There are special arrangements in place to ensure NI’s unfettered access to the rest of the UK.
• UKNI Marking (also known as the UK(NI) indication) – The UKNI marking must be used along with the CE marking if manufacturers wish to use a UK Notified Body for conformity assessment. The UKNI marking allows the product to be placed on the NI market (and, under the Government’s unfettered access commitments, where the product is also a qualifying NI good, on the GB market), but not the EEA market.

16. Footnotes

1: The “Windsor Framework” has the same meaning as set out in Joint Declaration No 01/2023 by the United Kingdom of Great Britain and Northern Ireland and the European Union in the Withdrawal Agreement Joint Committee on the Windsor Framework on 24 March 2023.

2: In 2019, the Simple Pressure Vessels Regulations 2016 were amended by the Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 to fix any deficiencies that arose from the UK leaving the EU (such as references to EU institutions) and make specific provision for the UK market. The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 were then amended by the Product Safety and Metrology etc. (Amendment to Extent and Meaning of Market) (EU Exit) Regulations 2020 to apply to Great Britain only, and not to Northern Ireland, in support of implementing the Windsor Framework.

3: Standardisation bodies recognised by this legislation are: the European Committee for Standardisation (CEN); the European Committee for Electrotechnical Standardisation (Cenelec); the European Telecommunications Standardisation (Cenelec).

4: Also known as the UK(NI) indication.

5: When conformity assessment has been carried out by a UK notified body, the UKNI marking (also known as the UK(NI) indication) must also be affixed.

6: On 24 August 2021 the Government announced the transition period for UKCA marking would be extended until 31 December 2022. The Product Safety and Metrology etc (Amendment) Regulations 2021 gave effect to this. On 14 November 2022 the Government announced it would be extending this until 31 December 2024. The Product Safety and Metrology (Amendment and Transitional Provisions) Regulations 2022 (SI 2022/1393) give effect to this. On 1 August 2023, the UK Government announced its intention to introduce legislation to extend recognition of goods that meet EU requirements (including the CE marking), indefinitely, beyond 2024 for many products. This will mean that certain goods that meet EU requirements can be placed on the GB market. These updates apply to the 18 regulations that fall under the Department for Business and Trade (DBT).

7: Fulfilment service is defined in Article 3 of MSC and for the purposes of MSC only is considered an economic operator. There are no specific obligations on fulfilment services under the 2016 Regulations.