14 June 2021

New Guidance on the EU Regulation on Market Surveillance and Compliance of Products Regs

The EU Regulation on Market Surveillance and Compliance of Products 2019/1020, comes into effect on 16 July 2021. For as long as the NI Protocol is in place, these rules will also apply in Northern Ireland. Certain products can only be placed on the NI market if there is a responsible economic operator established in NI (or the EU) to fulfil certain compliance tasks.

The Regulation is primarily about the consistency and coordination of market surveillance. However, there are also a small number of new requirements for businesses to help authorities trace products from manufacture to end use (Article 4). Requirements only apply to certain products and when there is no manufacturer, authorised representative, or importer already based in NI (or the EU).

The Office for Product Safety and Standards has now prepared business guidance that explain the new requirements and what businesses need to do to comply. This can be found here: https://www.gov.uk/government/publications/placing-certain-products-on-the-northern-ireland-market.

Are you involved in placing any of these products on the market in Northern Ireland or the EU?  If so, be sure to read the guidance:

• ATEX
• Construction products
• Eco-design
• Electromagnetic capability
• Gas appliances
• Low voltage electrical equipment
• Machinery
• Measuring instruments
• Non-automatic weighing instruments
• Outdoor machinery (‘outdoor noise')
• Personal Protective Equipment
• Pressure equipment
• Pyrotechnics
• Radio equipment
• Recreational craft
• Restricting hazardous substances in electrical and electronic equipment (‘RoHS')
• Simple pressure vessels
• Toys