Statutory guidance

Electromagnetic Compatibility Regulations 2016: Great Britain

Updated 11 December 2024

Guidance on the regulations as they apply to products being supplied in or into Great Britain.

This guidance has been amended to reflect the announcements on 1 August 2023 and 24 January 2024 that the Government is extending recognition of certain goods that meet EU requirements (including the CE marking), indefinitely, beyond 2024 for many products. The Product Safety and Metrology etc. (Amendment) Regulations 2024 give effect to this and came into force on 1 October 2024.

December 2024

1. Introduction

This Guide is for businesses placing electrical and electronic equipment on the market in Great Britain (“GB”). If you are placing electrical and electronic equipment on the market in Northern Ireland (“NI”), you should read separate guidance.

Read guidance on the regulations in NI.

This Guide is designed to help you comply with the Electromagnetic Compatibility Regulations 2016, as they apply in GB (referred to in this document at “the 2016 Regulations”). The 2016 Regulations set out the requirements that must be met before products can be placed on the GB market. The purpose of the legislation is to ensure safe products are placed on the GB market by requiring manufacturers to show how their products meet the ‘essential requirements’.

The essential requirements are that:

a) equipment must be designed and manufactured to ensure that the electromagnetic disturbance generated does not exceed the level above which radio and telecommunications equipment or other equipment cannot operate as intended, and

b) the equipment has a level of immunity to the electromagnetic disturbance to be expected in its intended use which allows it to operate without unacceptable degradation of its intended use.

2. Legislative Background

The Electromagnetic Compatibility Regulations 2016 implements into UK law an EU Directive (2014/30/EU) on electromagnetic compatibility (commonly called the EMC Directive). The EU Withdrawal Act 2018 preserved the Regulations and enabled them to be amended so as to continue to function effectively now that the UK has left the EU. Accordingly, the Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 fixed any deficiencies that arose from the UK leaving the EU (such as references to EU institutions) and made specific provision for the GB market.

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

The following legislative amendments and Government announcements apply:

• The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 were amended by the Product Safety and Metrology etc. (Amendment to Extent and Meaning of Market) (EU Exit) Regulations 2020 to apply to GB only, and not to NI, in support of implementing The Protocol of Ireland and Northern Ireland (“The Northern Ireland Protocol”) and now the Windsor Framework.
• The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 were further amended by the Product Safety and Metrology etc. (Amendment etc.) (UK(NI) Indication) (EU Exit) Regulations 2020 to provide for a 24 month transition period for importer labelling (for goods from the EEA), UKCA marking, to amend the definition of “authorised representative” as well as introducing an end (in 12 months from the end of the Transition Period) to the recognition of goods meeting EU requirements, as well as introducing provisions for qualifying NI goods.
• 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) gave effect to this.
• On 20 June 2022, the Government announced the provisions for UKCA labelling and importer labelling would be extended until 31 December 2025. On 14 November 2022 the Government announced it would be extending the provisions for UKCA labelling and importer labelling until 31 December 2027. The Product Safety and Metrology (Amendment and Transitional Provisions) Regulations 2022 (SI 2022/1393) give effect to this.
• On 1 August 2023 and 24 January 2024, the UK Government announced it would extend recognition of goods that meet EU requirements (including the CE marking), indefinitely, beyond 2024 for many products. This means that certain goods that meet EU requirements can be placed on the GB market beyond 31 December 2024. The Product Safety and Metrology etc. (Amendment) Regulations 2024 give effect to this and came into force on 1 October 2024. The legislation also provides for a ‘Fast-Track’ UKCA scheme, whereby steps taken towards CE marking will count towards UKCA marking, while UK product safety regulations remain aligned with EU product safety law.

Read guidance on the regulations in NI.

3. Scope

The 2016 Regulations apply to all electrical and electronic equipment which is liable to generate electromagnetic disturbance, with some notable exceptions. These exceptions include:

• equipment covered by other specific instruments governing the conformity of the equipment with the essential requirements
• aeronautical apparatus, parts and appliances referred to in Regulation (EC) 216/2008
• equipment which is incapable of generating electromagnetic interference that is harmful to radio and telecommunication equipment

For a full list of exceptions please refer to the 2016 Regulations. Nothing in the 2016 Regulations affects the application of legislation regulating the safety of equipment.

4. Obligations of manufacturers

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

The obligations of manufacturers of apparatus include:

1) Before placing apparatus on the GB market, the manufacturer design and manufacture it in accordance with the essential requirements as set out in Schedule 1 to the 2016 Regulations.

a) decide which conformity assessment marking (UKCA, CE, or CE + UKNI) (see section 8 (or section 9 for Qualifying NI Goods)) they intend the apparatus to have when placed on the GB market

b) draw up technical documentation

c) ensure that the relevant conformity assessment procedure is carried out

d) draw up a declaration of conformity (UK DoC if UKCA marked, EU DoC if CE marked) ^{[footnote 1]}

e) affix the relevant conformity assessment marking to the apparatus, except where it is not possible or warranted to affix the UKCA marking to the apparatus, in which case it must be affixed to the packaging and the accompanying documents

2) The manufacturer must keep technical documentation and the declaration of conformity for 10 years after the apparatus has been placed on the GB market.

3) The manufacturer must label apparatus with their name, registered trade name or registered trade mark, a postal address, and the type batch or serial number (or other identification). Where it is not possible to indicate the type, batch or serial number (or other identification) on the apparatus due to its size or nature and /or it is not possible to include the manufacturer’s name, registered trade name or registered trade mark or a postal address on the apparatus, the manufacturer must ensure the information is included on the packaging or in a document accompanying the apparatus.

4) The manufacturer must ensure that the apparatus is accompanied by relevant instructions in English.

5) The manufacturer 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 electrical equipment design or characteristics, and any change in a harmonised standard or in another technical specification by reference to which the Declaration of Conformity was drawn up.

6) Manufacturers must take action where they have reason to believe that the apparatus they have placed on the GB market is not in conformity with the 2016 Regulations by bringing the apparatus into conformity, withdrawing the apparatus or recalling the apparatus. Where the apparatus presents a risk, the manufacturer must immediately inform the market surveillance authority (MSA), giving details of how the apparatus is not in conformity and any corrective measures taken. Read more information on how to notify the MSA.

7) The manufacturer must also cooperate with and provide information to enforcing authorities following any requests.

Manufacturers wishing to place goods on the NI market should follow the Regulation as it applies to NI. Qualifying NI goods can be placed on the GB market without any additional approvals, although additional information as to the UK based importer may be required, if the goods have an importer based in the EU/EEA. See further detail in section 9 on Qualifying NI Goods.

5. Obligations of authorised representatives

Manufacturers are able by written mandate to appoint authorised representatives to perform certain tasks on their behalf.

Mandated authorised representatives for the GB market can be based in GB or NI but cannot be based outside the UK. A manufacturer can only mandate an authorised representative established in the UK under the 2016 Regulations as they apply in GB.

No GB-based authorised representatives are recognised under EU law. This means GB-based authorised representatives cannot carry out tasks on the manufacturer’s behalf for apparatus being placed on the NI or EEA markets. Therefore, a GB manufacturer selling products to the EEA or into NI, who wishes to appoint an authorised representative to carry out tasks for them in respect of that apparatus, must appoint an authorised representative based in NI or in the EEA.

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).

The 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.

6. Obligations of importers

An importer is a person or business based in the UK who places apparatus on the GB market from a country outside the UK. This means that a UK business which acted as a ‘distributor’ before 1 January 2021 is now legally an ‘importer’ if they place products from an EEA country or Switzerland on the GB market and therefore must comply with the importer duties under GB legislation.

This includes apparatus that is supplied to NI businesses from the EEA and then placed on the GB market. In this instance the NI business will take on importer obligations for EEA-supplied goods that are placed on the GB market (see also section 9 on Qualifying NI Goods).

Importers have additional legal obligations which go beyond those of distributors, such as checking that manufacturers have carried out the right conformity assessment procedures, and including their (the importer’s) name, registered trade name or mark and a postal address on the equipment or, where this is not possible, on the packaging of the apparatus or in documentation accompanying the equipment.

To assist with the transition, the UK has applied a transitional period ending 31 December 2027 ^{[footnote 2]} to allow UK suppliers of apparatus from the EEA or Switzerland who became importers into the GB market to provide their details on the accompanying documentation as an alternative to placing them on the apparatus itself (even in cases where it would have otherwise been possible to include them on the apparatus itself). This applies to goods that are not qualifying NI goods. For further detail on qualifying NI goods, please see section 9 on Qualifying NI Goods.

Can you be contacted easily if there is a problem?

A key principle underpinning product safety, for the benefit of consumers and regulators, is traceability of a product back to its source.

In recognition that under the new regulatory regime you may have the new status of an importer when placing apparatus from an EEA state or Switzerland on the GB market, you are temporarily permitted when placing such apparatus on the market (until 31 December 2027) to indicate your name, registered trade name or registered trade mark and a postal address on the apparatus’ packaging or in a document accompanying the apparatus, instead of on the apparatus itself. As set out above, this is usually only permitted where it is not possible to provide the specified information on the apparatus itself. This additional temporary easement is permitted until 31 December 2027.

We understand that it may be difficult to provide your details on documentation accompanying each and every individual product.

You may therefore use an alternative method where, for example, your contact information is on a document accompanying a batch of products. This document would then follow each batch of products through the distribution chain. Your contact details must follow each product through the distribution chain, but not necessarily by one document per product. Ultimately, the end user, each distributor (and a regulator) must be able to access the information.

Methods which enable traceability of the product after the initial batch has been broken up could include:

• The importer address is present in shipping documents.
• The importer address is present on the invoice to the GB customer.
• The importer address is present on the label that is on the outer packaging (“shipper”) in which a number of finished goods is packed (normally customers will receive shippers unless the order is very small so that the shipper has to be opened and split).

The importer address is included on the EU Declaration of Conformity and/or UK Declaration of Conformity (whichever is relevant for the product in question).

You should work with your distributors to ensure physical documentation does accompany batches of product as far as possible, and in all cases that there are measures in place to ensure end users are able to identify the UK importer.

Alongside that, but not as an alternative, you can use your company website to provide more information, access to product details and contact points for retailers, consumers and enforcement bodies.

These options are for a time limited period only and may not be used after 31 December 2027. You are encouraged to put in place measures to ensure that individual items do carry the importer’s address where required ahead of this date.

The EU does not have any such transitional provision. In the absence of this, apparatus being sold from GB to NI or the EEA must be labelled with the NI or EU-based importer’s address.

Read guidance on the regulations in NI.

The obligations of importers in the UK include:

1) Before placing apparatus on the GB market, an importer must ensure that:

a) the apparatus is in conformity with the essential requirements

b) the relevant conformity assessment has been carried out by the manufacturer

c) the manufacturer has drawn up technical documentation

d) the apparatus has the relevant conformity assessment marking (see section 8 (or section 9 for Qualifying NI Goods)). There is a non-time-limited provision for the conformity assessment marking to be affixed on the packaging and accompanying documents where it is not possible or warranted on account of the nature of the apparatus to affix the UK marking on the apparatus or its data plate

e) the apparatus is accompanied by the required documents and information regarding the manufacturer

2) The importer must keep a copy of the declaration of conformity and technical documentation for a period of 10 years after the apparatus has been placed on the GB market.

3) The importer must provide their name trade, registered trade name or registered trade mark and a postal address at which they can be contacted on the apparatus or, where it is not possible to indicate this on the apparatus, or where the importer has imported the apparatus from an EEA state or Switzerland and places it on the GB market before 31 December 2027, on the packaging of the apparatus or in an accompanying document.

4) The importer must ensure that when placing apparatus on the GB market, it is accompanied by instructions which can be easily understood by the end user in English in the circumstances that this is allowed (see above).

5) The importer must ensure that while apparatus is under their responsibility, their storage and transport conditions do not jeopardise their conformity with the legal requirements of the 2016 Regulations.

6) The importer must not make apparatus available on the GB market if they consider or have reason to believe it is not in conformity with the essential requirements.

7) The importer must take action where they have reason to believe that the apparatus they have placed on the GB market is not in conformity with the 2016 Regulations by bringing the apparatus into conformity, withdrawing the apparatus or recalling the apparatus. Where the apparatus presents a risk, the manufacturer must immediately inform the MSA, giving details of how the apparatus is not in conformity and any corrective measures taken. Read more information on how to notify the MSA.

8) The importer must also cooperate with and provide information to enforcing authorities following any requests.

Qualifying NI goods complying with the legislation as it applies in NI, including affixing the CE marking, may also be placed on the GB market. See further detail in section 9 on Qualifying NI Goods.

7. Obligations of distributors

UK businesses that were distributors of apparatus within the EU single market should now consider whether they are importers from the EU single market and therefore what additional responsibilities they may have – see section 6 above. The same applies to distributors of goods from the EEA and Switzerland.

A distributor is any person, other than the manufacturer or importer, who makes apparatus available on the GB market.

The obligations of distributors include:

1) When making apparatus available on the GB market, the distributor must act with due care to ensure that it is in conformity with Part 2 of the 2016 Regulations as amended, meaning that the apparatus is in conformity with the essential requirements and that each relevant economic operator has complied with their obligations established by Part 2 of the regulations.

2) Before placing the apparatus on the GB market, the distributor must verify that:

a) the apparatus bears the relevant conformity assessment marking

b) the apparatus is accompanied by the required documents as well as instructions and safety information

c) the importer and manufacturer have complied with their obligations as to required labelling

3) The distributor must not make apparatus available on the GB market if they consider or have reason to believe it is not in conformity with the essential requirements.

4) The distributor must ensure the necessary corrective actions are taken to bring the apparatus into conformity, withdraw the apparatus or recall the apparatus. Where the apparatus presents a risk, the distributor must inform the MSA about the risk, giving details of how the apparatus is not in conformity and any corrective action taken. Read more information on how to notify the MSA.

5) The distributor must ensure that while apparatus is under their responsibility, its storage and transport conditions do not jeopardise its conformity with the essential requirements.

6) The distributor must also cooperate with and provide information to enforcing authorities following any requests.

8. Conformity assessment and marking before placing apparatus on the GB market

As set out in section 4 above, before placing apparatus on the GB market or using it for their own purposes, the manufacturer must:

a) design and manufacture the apparatus in accordance with the essential safety requirements

b) determine the conformity procedure that applies, carry out the relevant conformity assessment procedure, (or have it carried out by an independent third party, depending on the category the product falls into), and draw up the relevant technical documentation

The product should then be marked with the applicable conformity assessment marking, provided it meets the essential requirements, and the relevant conformity assessment procedure has been carried out and/or a certificate has been issued by the relevant body.

What conformity assessment marking should the product have and when?

In line with the Government’s announcements on 1 August 2023 and 24 January 2024 about extended recognition of CE marking for products intended for the GB market, the Product Safety and Metrology etc. (Amendment) Regulations 2024 were made on 23 May 2024, and came into force on 1 October 2024.

These regulations extend recognition of CE marking indefinitely in GB. This allows businesses to use either CE or UKCA markings when placing goods on the GB market beyond 31 December 2024.

However, if GB based businesses wish to place products on the EEA market, they will continue to require a CE marking before the product is placed on the EEA market, including NI.

Self-declaration

Manufacturers placing equipment and protective systems on the GB market on the basis of self-declaration of conformity (where the Regulations permit) can affix either the UKCA marking or the CE marking before placing equipment on the GB market.

It is possible to affix both the UKCA marking and the CE marking to the same equipment, where conformity procedures are based on self-declaration, as long as the EU and GB requirements remain the same. When selling to the EU or supplying to NI, the CE marking remains mandatory.

Where independent third-party conformity assessment is required

Placing on the market in GB	Conditions to be met	Timeframe
Can be CE marked	If the product was conformity assessed by an EU Notified Body (but not a UK Approved Body), and meets all the essential safety requirements	Since 31/12/20
Must be UKCA marked	If the product has been conformity assessed by a UK Approved Body, and meets all the essential safety requirements	Since 31/12/20
Can be UKCA marked, but not CE marked	If the product is intended for placing on the GB market after 1 October 2024, and conformity assessment steps have been begun by an EU Notified Body and completed by a UK Approved Body, and has met all the essential safety requirements	New, since 1 October 2024

Placing on the market in NI	Conditions to be met	Timeframe
Must be CE marked	If the product was conformity assessed by an EU Notified Body and meets all the essential safety requirements	Since 31/12/20
Must be CE + UKNI marked	If the product has been conformity assessed by a UK Approved Body, and meets all the essential safety requirements	Since 31/12/20

Placing on the market in EEA	Conditions to be met	Timeframe
Must be CE marked	If the product was conformity assessed by an EU Notified Body (but not a UK Approved Body), and meets all the essential safety requirements	Since 31/12/20

Can a product be dual marked CE and UKCA?

Yes, but only, and before placing on market:

a) where an EU Notified Body has completed conformity assessment procedures for CE marking, and

b) where a UK Approved Body has completed conformity assessment procedures for UKCA marking, and it meets all the essential safety requirements

OR from 1 October 2024:

c) where an EU Notified Body has completed conformity assessment procedures for CE marking and it meets all the essential safety requirements, the product can also be UKCA marked, or

d) where an EU Notified Body has begun conformity assessment procedures for CE marking, and these have then been completed by a UK Approved Body for UKCA marking and it meets all the essential safety requirements, the product can be UKCA marked

Can a CE marked product already on the market, subsequently be UKCA marked?

A product already on the market, marked with a CE marking, cannot subsequently be UKCA marked, unless it has undergone full conformity assessment by a UK Approved Body and meets all the essential requirements.

Any queries about CE marking or UKCA marking policy should be directed to [email protected].

Where do I affix the conformity assessment marking?

The conformity assessment marking should be affixed visibly, legibly and indelibly to the apparatus. Where it is not possible or not warranted on account of the nature of the apparatus to affix the conformity assessment marking directly on the apparatus (or its data plate), then it can be affixed to the packaging and accompanying documents.

Until 31 December 2027, the UKCA marking may be affixed to a label affixed to the apparatus or a document accompanying the apparatus, rather than being affixed to the apparatus itself (even where it is otherwise possible to affix it to the apparatus itself). ^{[footnote 3]}

Placing on the market

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

Products imported for further manufacture and components

When products are imported into GB for further manufacture or processing, they are not considered placed on the market. Only fully manufactured products can be considered placed on the market. Under these circumstances, the GB manufacturer of the finished product has the sole and ultimate responsibility for ensuring it is compliant before they place it on the GB market.

A finished product must be compliant with all applicable legislation when placed on the GB market. Components may be placed on the market separately and can constitute a fully manufactured product in its own right. This may include a requirement for the components of the product to be individually conformity assessed and marked. However, for many products, a single marking covering the overall product is sufficient.

Spares

Products which are repaired, refurbished or exchanged without changing their original performance, purpose, or type, are not considered ‘new’ and therefore do not need to be recertified and remarked.

This includes if the product is temporarily exported for repair (as the product is not being placed on the GB market for the first time when re-imported).

Repair, replacement and maintenance operations are often carried out using other products which are spare parts. Spare parts are considered to have been placed on the market at the time at which the original product or system they are ultimately intended to repair, replace or maintain was placed on the market.

This means that spare parts can comply with the same conformity assessment requirements that were in place at the time the original product or system they are ultimately intended to repair, replace or maintain was placed on the market.

The definition of a spare part will vary depending on the commercial context, but it is broadly determined by a product’s ultimate intended usage. Whether a product is ultimately intended to be used as a spare part should be evidenced by any document demonstrating this intended use, which should be produced when requested by MSAs.

If the product has been subject to important changes, substantially changing its original performance, purpose, or type, it will be considered as a ‘new’ product. Therefore, the modified product must comply with the relevant legislative requirements at the time the product is first placed on the market or put into service.

9. Qualifying Northern Ireland Goods

The Government committed to providing unfettered access for qualifying NI goods to the rest of the UK market after 1 January 2021. Products that can be placed on the market in NI in accordance with the legislation, as it applies to NI, can be sold in the rest of the UK without any additional approvals.

This means that products that are qualifying NI goods can be sold in the rest of the UK if any of the following apply:

• the CE marking is lawfully applied to the good on the basis of self-declaration
• any mandatory third-party conformity assessment was carried out by an EU-recognised notified body (including a body in a country with which the EU has a relevant mutual recognition agreement) and a CE marking is affixed
• the certificate of conformity previously held by a UK approved body has been transferred to an EU-recognised notified body and a CE marking has been affixed
• any mandatory third-party conformity assessment was carried out by a UK-based body, and the good is therefore marked with the CE marking and with the new UKNI marking

This will be the case even if there are changes between the EU rules that apply in NI under the terms of the Windsor Framework and the GB rules.

Read guidance on UKNI marking.

NI businesses that are importing products from the EEA and placing them on the GB market must ensure that the relevant conformity assessment procedure has been carried out, that the technical documentation has been drawn up and that the equipment bears the CE marking. They will also have to comply with the importer labelling duties (see section 6 on obligations of importers).

Read guidance on qualifying NI goods.

10. Approved Bodies

The UK established a new framework for UK based bodies to assess apparatus against GB rules. Existing UK notified bodies were granted new UK ‘approved body’ status and are listed on a new UK database.

Approved bodies are conformity assessment bodies which have been approved by the Secretary of State to carry out the procedures for conformity assessment and certification for the GB market as set out in the 2016 Regulations.

These approved bodies retain their 4-digit identification number. New approved bodies will be assigned a number by the Office for Product Safety and Standards on behalf of the Secretary of State.

Approved bodies can assess apparatus for the GB market against GB essential requirements (which are, as yet, the same as EU essential requirements).

Approved bodies must be established in the UK and be independent of the manufacturer. Approved bodies must examine the technical documentation and supporting evidence in respect of equipment which falls within the scope of the 2016 Regulations to assess the adequacy of the technical design.

Where an approved body finds that essential requirements have not been met by a manufacturer, they must not issue a certificate of conformity and they must require the manufacturer to take corrective measures.

View the register of UK Approved Bodies.

The register also contains details of bodies in other countries such as Australia, New Zealand, Canada, Japan, and the United States of America, which the UK is designating as Approved Bodies through Mutual Recognition Agreements.

11. Enforcement and penalties

In GB, the MSA for apparatus, in relation to protection and management of the radio spectrum is Office of Communications (OFCOM), and for other apparatus is the local weights and measures authority (trading standards).

The 2016 Regulations also provide powers to the Secretary of State or a person appointed to act on their behalf to enforce the 2016 Regulations and Regulation EC 765/2008 (RAMS) as amended by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019, which sets out requirements for market surveillance of products.

The 2016 Regulations provide powers to MSAs to take action to protect consumers and users when products present a risk and to take action against economic operators for products that present a risk or are not in conformity with the legal requirements of the 2016 Regulations as set out in regulations 56 to 60. Economic operators are required to co-operate with the enforcement authority and, on request, must provide information and take action as appropriate.

The UK MSAs (local trading standards authorities) will take all appropriate measures to withdraw from the GB market, to prohibit or restrict the supply of apparatus which may endanger the health and safety of persons, property or the environment.

Regulators’ Code

MSAs must continue to 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 is 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.

While it is matter for the enforcement authority to decide whether prosecution is appropriate in each case, should a prosecution take place, it is at the discretion of the court to decide the penalties imposed on the offender.

12. Glossary

• Approved Body – A conformity assessment body which has been approved by the Secretary of State.
• Authorised Representative – A person appointed in writing by a manufacturer to perform specific tasks for the manufacturer. Authorised representatives for the GB market must be based in the UK. Manufacturers remain ultimately responsible for ensuring these tasks are carried out properly.
• CE marking – The conformity assessment marking used by the European Union. Certain goods (including electronic apparatus) can be placed on the GB market bearing the CE marking. Where third party conformity assessment is required before the CE marking can be affixed, the assessment must be carried out by a Notified Body, not a UK Approved Body.

• Declaration of conformity – A document prepared by the manufacturer which must detail the following:

  • the specific apparatus to which the declaration is referring
  • 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 apparatus was placed on the GB market. This declaration must be made available to the enforcing authority upon request.

• Distributor – Any person in the GB supply chain, other than the manufacturer or the importer, who makes apparatus available on the GB market.
• Enforcing Authority – In GB, this is OFCOM. The Secretary of State for Business and Trade and local trading standards authorities may also enforce these Regulations.
• Importer – A person established in the UK who places apparatus from a country outside of the UK on the GB market. This includes a person based in NI who has been supplied with the product from an EEA country, who would, under NI law, be a distributor. A person who before 1 January 2021 (under EU Rules) distributed apparatus within the EU (including the UK, and including Switzerland) is now an importer if they are bringing apparatus into GB from another country (including EU Member States, the EEA or Switzerland).
• Manufacturer – A person who manufactures apparatus or has apparatus designed or manufactured and markets that apparatus under their name or trademark.
• UK Conformity Marking – The UK Conformity Assessed (UKCA) marking is the new UK conformity marking used for certain goods (including electrical and electronic equipment) being placed on the GB market.
• UKNI marking (also known as the UK(NI) indication) – The UKNI marking is a new marking applied in addition to the CE marking, where a good requiring mandatory third-party conformity assessment has been tested against EU requirements by a UK body. The UKNI marking applies when placing such products on the NI market. Under the Government’s unfettered access commitments, products lawfully marked with the UKNI marking can also be placed on the GB market if they are also qualifying NI goods.

13. Footnotes

1. A Declaration of Conformity is a document that declares that the product is in conformity with the relevant statutory requirements applicable to the specific product. ↩

2. On 20 June 2022, the Government announced the provisions for importer labelling would be extended until 31 December 2025. On 14 November 2022 the Government announced it would be extending the provisions for importer labelling until 31 December 2027. The Product Safety and Metrology (Amendment and Transitional Provisions) Regulations 2022 (SI 2022/1393) give effect to this. ↩

3. On 24 August 2021 the Government announced the transition periods for UKCA marking and UKCA labelling would each be extended until 31 December 2022 and 31 December 2023 respectively. The Product Safety and Metrology etc (Amendment) Regulations 2021 gave effect to this. On 20 June 2022, the Government announced the provisions for UKCA labelling would be extended until 31 December 2025. On 14 November 2022 the Government announced it would be extending the transition period for UKCA marking until 31 December 2024 and the provisions for UKCA labelling and importer labelling until 31 December 2027. The Product Safety and Metrology (Amendment and Transitional Provisions) Regulations 2022 (SI 2022/1393) gave effect to this. ↩