Statutory guidance

Recreational Craft Regulations 2017: Great Britain

Updated 18 December 2024

Guidance on the regulations as they apply to craft 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 recreational craft on the market in Great Britain (“GB”).

Read guidance on the regulations in Northern Ireland (“NI”).

This Guide is designed to help you understand The Recreational Craft Regulations 2017, as they apply in GB (referred to in this document as “The 2017 Regulations”). The 2017 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’.

This guidance is relevant to manufacturers, importers (including private importers) and distributors of recreational craft, personal watercraft and certain engines and other specified components. It will also be of interest to consumers and approved bodies. This guidance also sets out the enforcement regime.

2. Legislative Background

The Recreational Craft Regulations 2017 implement Directive 2013/53/EU on recreational craft and personal watercraft. The EU Withdrawal Act 2018 preserved the 2017 Regulations and enabled them to be amended so as to continue to function effectively now the UK has left the EU. Accordingly, 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 2017 Regulations, but some of the provisions apply differently in NI under the terms of the Windsor Framework. References to the 2017 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 products covered by the Regulations are as follows (collectively referred to as “products” in this guidance):

1. Recreational craft and partly completed recreational craft which are watercraft excluding personal watercraft intended for sports and leisure purposes of hull length from 2.5m to 24m regardless of the means of propulsion.
2. Personal watercraft (e.g. jet skis) and partly completed personal watercraft, which are watercraft for sports and leisure purposes of less than 4m in hull length which use a propulsion engine having a water jet pump as its primary source of propulsion and designed to be operated by a person or persons sitting, standing or kneeling on, rather than within, the confines of the hull.
3. Components of watercraft listed in Schedule 2 (when placed on the market separately and when intended for installation in watercraft).
4. Propulsion engines installed or intended for use in watercraft.

There are a number of exclusions from the Regulations including:

1. watercraft intended solely for racing (labelled as such by the manufacturer)
2. canoes and kayaks designed to be propelled solely by human power, gondolas and pedalos
3. surfboards
4. submersibles eg submarines
5. aircushion vehicles eg hovercraft
6. hydrofoils
7. amphibious vehicles

This is not a full list of the exclusions. For a full list of exclusions please refer to the Regulations.

4. Obligations of manufacturers

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

The obligations of manufacturers of products include:

1) Before making a product available on the GB market or putting them into service, the manufacturer must:

a) design and manufacture it in accordance with the essential requirements set out in Schedule 1 of the Regulations and that they do not endanger the health and safety of persons, property or the environment, when used correctly as intended

b) decide which conformity assessment marking (UKCA, CE, or CE + UKNI) they intend the equipment to have when placed on the GB market

c) carry out or have carried out the applicable conformity assessment procedure referred to in Part 3 of the Regulations. Schedule 15 to the Regulations introduced by the Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 sets out all the different types of conformity assessment procedures

d) draw up the required technical documentation (Regulation 9 and Schedule 9)

2) When the product meets the requirements of the Regulations, and before placing on the GB market, a manufacturer must:

a) draw up a declaration of conformity (UK DoC if UKCA marked, EU DoC if CE marked) in the model format set out in Schedule 4 (or for partly completed watercraft, in Schedule 3)

b) ensure the declaration accompanies the product when the product is placed on the GB market

c) affix the relevant conformity marking (see section 9 (or section 10 for Qualifying NI Goods)) on the product or where applicable, a watercraft’s builder’s plate or propulsion engine (for components where it is not possible or warranted to affix the marking to the product, it can be affixed to its packaging and accompanying documentation). The manufacturer must ensure that the conformity assessment marking is followed by the identification number of the approved body

3) The manufacturer must keep the declaration of conformity up to date. The manufacturer must be able to provide the market surveillance authority (MSA) with the relevant technical documentation for 10 years after the specific product was placed on the GB market.

4) The manufacturer must also label products (or, where in the case of components it is not possible, on accompanying documentation or packaging) with their name, registered trade name or registered trademark, their address, and the type batch or serial number (or other information identifying the manufacturer). This applies to all products.

5) When placing products on the GB market, the manufacturer must ensure that they are accompanied by instructions and safety information in English.

6) The manufacturer must, when appropriate with regard to any risk posed to consumers, carry out sample testing of products they have placed on the market and investigate any complaints that the products are not in conformity with the relevant legal requirements in the Regulations and keep records of these complaints, as well as records of any products that are not in conformity and any products recalled.

7) Manufacturers must take action where they have reason to believe that any product is not in conformity with the Regulations (either to bring the product into conformity, withdraw it or recall it); where there is a risk to consumers they must inform the relevant MSA. In GB this is local trading standards authorities. Manufacturers must take appropriate corrective action and co-operate with the enforcement authority. Read more information on how to notify the MSA.

8) Manufacturers that require a manufacturer’s code (MIC) in relation to watercraft identification as set out in Schedule 1, 2.1 (3) must obtain one from British Marine who are authorised to issue MICs on behalf of the Secretary of State. Manufacturers who have a MIC from British Marine or the Secretary of State will not have to re-apply for a new code but can continue to use the code they have.

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 10 on Qualifying NI Goods.

5. Obligations of authorised representatives

Manufacturers are able 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 2017 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 products being placed on the NI and 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 those products, must appoint an authorised representative established in NI or the EEA.

An authorised representative must comply with all the duties imposed on the manufacturer under the 2017 Regulations that they are appointed by the manufacturer to perform. The manufacturer remains responsible for the proper performance of any obligations the authorised representative performs on their behalf.

Any references in the 2017 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 products 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 products that are 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 10 on Qualifying NI Goods).

Importers have additional legal obligations which go beyond those of distributors, such as checking that manufacturers have carried out the required conformity assessment procedures and including their (the importer’s) name, registered trade name or mark and a postal address on the equipment.

Importers need to ensure that their address appears on the product or in accompanying documentation. Where it is not possible to indicate the information on a component, the importer can set out their details on the packaging or in accompanying documentation. To assist with the transition, the UK is applying a transitional period ending on 31 December 2027 ^{[footnote 1]} to allow UK businesses who import from EEA states (and from 1 January 2021 become importers into the GB market) to provide their details on the accompanying documentation as an alternative to placing them on the product itself. This applies to goods that are not qualifying NI goods. For further detail on qualifying NI goods, please see section 10 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 arrangements you may have the new status of an importer when placing products from an EEA state or Switzerland on the GB market, you are temporarily permitted when placing such products on the market (until 31 December 2027) to indicate your name, registered trade name or registered trade mark and a postal address in a document accompanying the product, instead of on the product itself. As set out above, this is usually only permitted for components where it is not possible to provide the specified information on the component 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, products being sold from GB to NI or the EU must be labelled with the NI or EU-based importer’s address.

Read guidance on the regulations in NI.

The obligations of importers include:

1) Before placing a product on the market or putting it into service, an importer must ensure that:

a) the relevant conformity assessment has been carried out by the manufacturer. This means that the product must comply with the requirements in Schedule 1

b) the manufacturer has drawn up the technical documentation

c) the product has the relevant conformity assessment marking affixed and is accompanied by the required documents

d) the manufacturer has complied with the labelling requirements imposed on the manufacturer

2) When the importer has reason to believe that a product to which the Regulations apply is not in conformity with the essential requirements, the importer must not place the product on the GB market.

3) The importer must ensure that when placing products on the GB market, that they are accompanied by instructions which are in English.

4) The importer must provide their name, registered trade name or registered trade mark and a postal address at which they can be contacted on the product. Where the product is a component and it is not possible to indicate this information on the component itself, the information may be provided in a document accompanying the component or on the component’s packaging. Where the importer has imported the product from an EEA state or Switzerland and places it on the GB market before 31 December 2027, the information may be provided in an accompanying document. ^{[footnote 1]}

5) The importer must keep a copy of the relevant technical documentation and declaration of conformity for a period of 10 years after the products have been placed on the market and must co-operate with and provide information to the MSAs following any requests.

6) The importer must ensure that when products are under their responsibility they are stored and transported under conditions that do not affect their conformity with the essential requirements.

7) The importer must, when appropriate and taking into account the risks to the health and safety of consumers, carry out testing of the products and investigate complaints about products that are not in conformity with the 2017 Regulations and keep a register of those complaints.

8) The importer must take action where they have reason to believe that products that they have placed on the GB market are not in conformity with the 2017 Regulations. Where they are considered to present a risk to consumers then the importer is required to inform the MSA (Trading Standards in GB). Read more information on how to notify the MSA.

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 10 on Qualifying NI Goods.

7. Obligations of distributors

UK businesses which were distributors of products within the EU single market should now consider whether they are importers from the EU single market and therefore what additional requirements they need to comply with – see section 6 above.

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

The obligations of distributors include:

1) Before making available products on the GB market the distributor must take due care to ensure that they are in conformity with Part 2 of the Regulations, meaning that they comply with the essential requirements and that each economic operator has complied with their obligations in relation to them. If the distributor believes that a product is not in conformity with the essential requirements, the distributor must not make that product available on the GB market.

2) The distributor must verify that:

a) the products bear the relevant conformity assessment marking

b) the products are accompanied by the required documents, the instructions and safety information

c) the manufacturer and importer have complied with their labelling and identification requirements

3) The distributor must ensure that while products are under their responsibility, their storage and transport conditions do not jeopardise their conformity with the essential health and safety requirements.

4) The distributor must take action where they have reason to believe that the products that they have made available on the GB market are not in conformity with the Regulations or which present a risk to consumers. They must inform the MSA and they must not make them available on the GB market until they meet the requirements of the Regulations. 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.

8. Obligations of private importers

A private importer is any natural or legal person (e.g. a company) established in the UK who imports in the course of a non-commercial activity a product from a country outside the UK with the intention of putting it into service for their own use.

The obligations of private importers include:

• If a private importer imports a product that has not previously been placed on the GB market, where the manufacturer has not carried out the relevant conformity assessment procedure, the private importer will have to carry out a post construction assessment to demonstrate conformity with the Regulations, as set out in Schedule 5.
• The private importer must ensure before putting recreational craft into service that it has been designed and manufactured in accordance with the essential requirements.
• The private importer must ensure that the obligations for manufacturer covering technical documentation; declaration of conformity; relevant marking; instructions and safety information; provision of information and cooperation have been met or carried out.
• Where technical documentation is not available from the manufacturer, the private importer must have this drawn up using the appropriate expertise.
• The private importer must ensure that the name and postal address of the approved body that carried out the relevant conformity assessment procedure in relation to the product is marked on the craft.

9. Conformity assessment and marking before placing a product on the GB market

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

a) design and manufacture the product 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 come 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 product. Where it is not possible or not warranted on account of the nature of the product to affix the conformity assessment marking directly on the product (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 product or a document accompanying the product, rather than being affixed to the product itself (even where it is otherwise possible to affix it to the product itself). ^{[footnote 2]}

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.

10. 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. Recreational craft and personal watercraft 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 products bear 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.

11. Approved Bodies

The UK established a new framework for UK based bodies to assess products 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 set out in the 2017 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 products for the GB market against GB essential requirements (which are, as yet, the same as EU essential requirements).

UK 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 recreational craft to assess the adequacy of the technical design.

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.

12. Enforcement and penalties

Enforcement

In GB, the local weights and measures authorities (more commonly referred to as “Trading Standards”), are the MSAs responsible for enforcement of these Regulations.

The 2017 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), 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 2017 Regulations provide the power for MSAs to take action against economic operators for products that are not in conformity with the 2017 Regulations or that present a risk. There are requirements on economic operators and private importers to co-operate with the enforcement authority as appropriate on request.

MSAs (local trading standards authorities) 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 his regulatory functions.

Read the Regulators’ Code.

The UK MSA will take all appropriate measures to withdraw from the market, to prohibit or restrict the supply of products which may endanger the health and safety of persons, property or the environment.

Penalties

A person committing an offence under the 2017 Regulations may be liable to a penalty. Penalties can include a fine or a prison sentence of up to three months for the most serious offences. It is matter for the enforcing 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, it is at the discretion of the court to decide the penalties imposed on the offender.

13. 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. Manufacturers remain ultimately responsible for ensuring these tasks are carried out properly. Authorised representatives for the GB market must be based in the UK.
• CE marking – The conformity assessment marking used by the European Union. Certain goods (including recreational craft) 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, amongst other things, the following:

  • the specific product 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 product 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 products available on the GB market.
• Importer – A person established in the UK who places a product 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 recreational craft within the EU (including the UK) now an importer if they are bringing recreational craft into GB from another country (including EU Member States).
• Manufacturer – A person who manufactures products or has a product designed or manufactured and markets those products under their name or trademark.
• Market Surveillance Authority – In GB, this is local trading standards authorities.
• UKCA marking – The UK Conformity Assessed (UKCA) marking is the new UK conformity marking used for certain goods (including recreational craft) 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.

14. Footnotes

1. 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. ↩ ↩²

2. 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 marking and 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) give effect to this. ↩