Statutory guidance

Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres (Northern Ireland) Regulations 2017

Updated 7 November 2023

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

November 2023

1. Introduction

This Guide is for businesses placing equipment and protective systems intended for use in potentially explosive atmospheres on the market in Northern Ireland.

Under the terms of the Windsor Framework see footnote 1, the provisions of EU law listed in its Annex 2 apply, under the conditions set out in that Annex, to and in the United Kingdom in respect of Northern Ireland (“NI”). Annex 2 includes Directive 2014/34/EU see footnote 2 which is implemented in NI by the Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres (Northern Ireland) Regulations 2017.

This Guide is designed to help you comply with the Equipment and Protective Systems Intended for use in Potentially Explosive Atmospheres Regulations (Northern Ireland) 2017 (as amended by the Equipment and Protective Systems Intended for use in Potentially Explosive Atmospheres Regulations (Northern Ireland) 2017 (Amendment) (Northern Ireland) Regulations 2023). The regulations as amended will be referred to as “the 2017 Regulations” in this document.

The 2017 Regulations set out the requirements that must be met before equipment and protective systems intended for use in potentially explosive atmospheres (‘ATEX products’) can be placed on the NI market. The purpose of the 2017 Regulations is to ensure that ATEX products placed on the NI market are safe, compliant, accurate to use, and do not cause harm to people (in particular workers), domestic animals or property. They do this by (among other things) requiring manufacturers to show how their ATEX products meet the ‘essential health and safety requirements’ and providing for unsafe or non-compliant ATEX products to be removed from the NI market.

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, MSC applies in respect of NI. It is directly applicable in NI and applies in addition to the 2017 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 ATEX products. 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 NI market.

Products 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 products on the market in GB, you should read the relevant separate guidance.

The government is committed to providing unfettered access for qualifying NI goods to the rest of the United Kingdom (‘UK’) market. Products that can be placed on the market in NI in accordance with the 2017 Regulations 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 products on the market in GB.

Read guidance on the regulations in GB.

2. Legislative Background

Directive 2014/34/EU [see footnote 2] (#footnote-2) was adopted on 26 February 2014 and entered into force on 20 April 2016, replacing the previous Directive 94/9/EC see footnote 3.

Directive 2014/34/EU is implemented in NI, by the 2017 Regulations (the Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres (Northern Ireland) Regulations 2017) which replaced the Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations (Northern Ireland) 1996.

Directive 2014/34/EU continues to apply in respect of NI, under the terms of the Windsor Framework and so the 2017 Regulations are still needed to implement it. The 2017 Regulations also now implement the Withdrawal Agreement see footnote 4 and the Windsor Framework more broadly, recognising that the UK has left the EU.

3. Scope

The 2017 Regulations apply to ATEX products where ‘product’ is defined in regulation 3.

Specifically, the 2017 Regulations relate to:

• equipment intended for use in potentially explosive atmospheres, where ‘equipment’ is defined as machines, apparatus, fixed or mobile devices, control components and their instrumentation and detection or prevention systems which, separately or jointly, are intended for the generation, transfer, storage, measurement, control and conversion of energy or the processing of material and which are capable of causing an explosion through their own potential sources of ignition
• protective systems intended for use in potentially explosive atmospheres, where ‘protective system’ is defined as devices other than components of equipment which are intended to halt incipient explosions immediately or to limit the effective range of an explosion or both, and which are separately placed on the market for use as autonomous systems
• safety devices, controlling devices and regulating devices intended for use outside potentially explosive atmospheres but which are required for or contributing to the safe functioning of equipment and protective systems, with respect to the risks of explosion
• components intended to be incorporated into the equipment and protective systems above and defined as any item essential to the safe functioning of equipment and protective systems but with no autonomous function

The 2017 Regulations do not apply to products listed in regulation 3(3).

4. Obligations of manufacturers

The 2017 Regulations

A manufacturer is a person who manufactures a product, or has products designed or manufactured, and markets that product under their name or trademark or uses such product for that person’s own purposes.

The obligations of manufacturers of products include:

1. Before placing a product on the NI market, the manufacturer must ensure that the product has been designed and manufactured in accordance with the essential health and safety requirements and that they have had the relevant conformity assessment procedure carried out and technical documentation drawn up.
2. Once this has been completed, the manufacturer must draw up the relevant technical documentation and a declaration of conformity, or a written attestation of conformity (for components of products), ensure that declaration or attestation accompanies the product; where applicable affix the CE marking and the specific marking of explosion protection followed by the symbol of the equipment group and category to the product.
3. When conformity assessment has been carried out by a UK notified body, the UK(NI) marking see footnote 5 must be affixed as well as the CE marking. A product with both the CE and the UK(NI) markings cannot be placed on the EU market. There is separate guidance on when and how to use the UK(NI) marking. Read guidance on UK(NI) marking.
4. The manufacturer must keep the declaration of conformity up to date and keep it, along with the technical documentation, for 10 years after the equipment has been placed on the NI market.
5. The manufacturer must label their products with their name, registered trade name or registered trade mark, a postal address at which they can be contacted, and the product’s type, batch or serial number (or other identification). Where the size and nature of the product does not provide sufficient space to include the type, batch or serial number (or other identification) 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 product, the manufacturer must ensure the information is provided on the packaging or in a document accompanying the product.
6. Save where the product is a component, the manufacturer must also ensure it bears the specific marking of explosion protection referred to in paragraph 5(1)(f) of Schedule 1 to the 2017 Regulations, and, where applicable, bears the other markings and information referred to in paragraph 5 of Schedule 1.
7. The manufacturer must ensure that their products are accompanied by relevant instructions and safety information in clear and easily understandable English when placed on the NI market.
8. Manufacturers must ensure that procedures are in place for series production to remain in conformity with the 2017 Regulations. In doing so, they must take account of any changes in design or characteristics, and any change in a harmonised standard or in another technical specification by reference to which the EU Declaration of Conformity or attestation of conformity was drawn up.
9. The manufacturer must, when appropriate with regard to any risk posed to end-users, carry out sample testing of products, investigate any complaints that the products are not in conformity with the 2017 Regulations, and keep distributors informed of any actions taken as a result. The manufacturer must also keep a register of these complaints, of products found not to be in conformity, and of product recalls.
10. Manufacturers must take action where they have reason to believe that the products they have placed on the NI market are not in conformity with the 2017 Regulations, by bringing the product into conformity, withdrawing the product or recalling the product. Where the product presents a risk, the manufacturer must immediately inform the market surveillance authority (MSA), giving details of how the product is not in conformity and any corrective measures taken. Read more information on how to notify the MSA.
11. The manufacturer must also cooperate with and provide information to enforcing authorities following any requests.
12. Manufacturers based in NI can comply with the 2017 Regulations and place qualifying Northern Ireland goods on the GB market without any additional approvals. See further detail in Section 10 on Qualifying Northern Ireland Goods.

MSC

If a product 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 name, registered trade name or registered trade mark, and contact details, including postal address, 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 2017 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 2017 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 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, insofar as it concerns the duties the authorised representative takes on.

7. Obligations of importers

For the purposes of the 2017 Regulations, an importer is a business or person established in NI or the EEA who places a product 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 2017 Regulations.

The obligations of importers include:

1. Before placing a product on the NI market the importer must ensure that it is in conformity with the essential health and safety requirements.
2. The importer must ensure that the relevant conformity assessment has been carried out by the manufacturer; the manufacturer has drawn up technical documentation; the product is CE/UK(NI) marked and is accompanied by the declaration of conformity or attestation of conformity (as applicable) as well as required labelling including the specific marking of explosion protection followed by the symbol of the equipment group and category to the product and manufacturer’s identification.
3. The importer must keep a copy of the declaration of conformity or attestation of conformity (as applicable) and technical documentation for a period of 10 years after the product has been placed on the NI market.
4. The importer must not place products on the NI market unless they conform with the essential health and safety requirements.
5. 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 or, where it is not possible to provide this on the production its packaging or in an accompanying document.
6. The importer must ensure that when placing a product on the NI market, it is accompanied by instructions and safety information in easily understandable English.
7. The importer must, when appropriate, with regard to any risk posed to end-users, carry out sample testing of products, investigate any complaints that the products are not in conformity with the 2017 Regulations, and keep distributors informed of any actions taken as a result. The manufacturer must also keep a register of these complaints, of products found not to be in conformity, and of product recalls.
8. The importer must take action where they have reason to believe that the products they have placed on the NI market are not in conformity with the 2017 Regulations, by bringing the product into conformity, withdrawing the product or recalling the product. Where the product presents a risk, the importer must immediately inform the market surveillance authority, giving details of how the product is not in conformity and any corrective measures taken. Read more information on how to notify the MSA.
9. The importer 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.
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 an ATEX product available on the NI or EEA markets.

NI businesses which were distributors of ATEX products supplied to them from GB should now consider whether they are classified as importers under the 2017 Regulations and therefore what additional requirements they need to comply with – see section 7 above. Under the 2017 Regulations an NI business placing a product from GB on the NI market does so as an importer, not as a distributor.

The obligations of distributors include:

1. When making a product available on the NI market the distributor must act with due care to ensure that it is in conformity with Part 2 of the 2017 Regulations, which includes that the product must be in conformity with the essential health and safety requirements.
2. Where the distributor considers that a product is not in conformity with the essential health and safety requirements, the distributor must not make that product available on the NI market. Where the product presents a risk, the distributor must inform the manufacturer or the importer, and the market surveillance authority. Read more information on how to notify the MSA.
3. Before placing a product on the NI market, the distributor must verify that the product bears a CE/UK(NI) marking see footnote 5, is accompanied by the declaration of conformity or the attestation of conformity; that it is accompanied by instructions and safety information and that the importer and manufacturer have complied with their obligations as to required labelling including the specific marking of explosion protection followed by the symbol of the equipment-group and category to the product and their identification.
4. 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.
5. The distributor must also cooperate with and provide information to enforcing authorities following any requests.

9. Products placed on the market before 10 August 2023

If you placed an individual fully manufactured product on the EEA or the UK market (either in NI or GB) before 10 August 2023, 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 10 August 2023.

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 10 August 2023.

10. Conformity Marking

Where a product 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.

For qualifying NI goods, products meeting NI rules (the 2017 Regulations), which are CE or both CE and UK(NI) marked, can be placed on the GB market (there is further information on the reasons for this below and this arrangement is explained further in the separate guide to placing ATEX products on the GB market).

Products that are not qualifying NI goods will need to meet the GB rules.

Since 10 August 2023, where the manufacturer chooses to have the product conformity assessed by a UK notified body, the CE marking must be accompanied by the UK(NI) marking (also known as the UK(NI) indication). Products with the UK(NI) marking cannot be placed on the EEA market.

Where the conformity assessment procedures allow for self-declaration of conformity with the essential health and safety requirements (e.g. equipment falling in Category M2 and 2 equipment in Groups I and II respectively which are not electrical or powered by internal combustion machines) manufacturers selling goods on the NI and EEA market can affix the new CE / CE UK(NI) marking before placing a product on the NI and EEA market. It is possible to affix both the UK(NI) marking and the CE marking to the same product where self-declaration is permitted, as long as the EU and GB requirements remain the same. When selling to the EU or placing on the NI market, the CE / CE UK(NI) marking remains mandatory.

There is separate guidance on when and how to use the UK(NI) marking.

Read guidance on UK(NI) 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 2017 Regulations.

Since 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 UK(NI) markings. A product with both the CE and the UK(NI) markings cannot then be placed on the market in the EEA. There is separate guidance on when and how to use the UK(NI) marking.

Read guidance on UK(NI) 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 UK(NI) 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. Products that can be placed on the NI market in accordance with the 2017 Regulations can be sold in the rest of the UK without any additional approvals.

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

• the CE / CE UK(NI) 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 / CE UK(NI) 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 / CE UK(NI) 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 UK(NI) marking

This will be the case even if there are changes between the EU rules (that the Windsor Framework applies to NI) and the GB rules.

Read guidance on UK(NI) 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 / CE UK(NI) marking. They will also have to comply with the importer labelling duties (see Section 6 on obligations of importers).

The guide to placing ATEX products on the GB market has further details on these arrangements.

Read guidance on qualifying Northern Ireland goods.

13. Enforcement

The Health and Safety Executive for Northern Ireland (HSENI) has a duty to enforce the 2017 Regulations in NI.

The 2017 Regulations provides the power to the market surveillance authority to take action against economic operators for products that present a risk or are not in conformity with the 2017 Regulations. There are requirements on economic operators to co-operate with the enforcement authority as appropriate on request.

Safeguard procedure

HSENI are required under the 2017 Regulations to take all appropriate measures to withdraw from the NI market, or to prohibit or restrict the supply of ATEX products which may endanger the health and safety of persons, property or the environment if the relevant economic operator does not do so. HSENI must inform the Secretary of State, who must in turn inform the European Commission and relevant states (NI and any EEA states), immediately of any enforcement action taken indicating the reasons justifying the action. This will enable relevant states to take action against similar products placed on the market on their territories. If another relevant state initiates the procedure with respect to action taken on their territories, certain actions are required of the market surveillance authority. The European Commission will determine whether the action taken is justified; if so, HSENI must take necessary measures to ensure the product is withdrawn from the market.

Where the European Commission finds the action taken by the relevant state initiating the safeguard procedure is not justified, that relevant 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 2017 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 a 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 the 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 NI (including GB) on the NI market. A person who before 10 August 2023 was a distributor will now be 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 has 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 UK(NI) 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 UK conformity marking used for certain goods being placed on the GB market. Products being placed on the NI market cannot be UKCA marked and must continue to be CE marked, but there are special arrangements in place to ensure NI’s unfettered access to the rest of the UK.
• UK(NI) Marking (also known as the UK(NI) indication) – The UK(NI) marking must be used along with the CE marking if manufacturers wish to use a UK Notified Body for conformity assessment. The UK(NI) 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: Directive 2014/34/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to equipment and protective systems intended for use in potentially explosive atmospheres.

3: Directive 94/9/EC of the European Parliament and the Council of 23 March 1994 on the approximation of the laws of the Member States concerning equipment and protective systems intended for use in potentially explosive atmospheres.

4: Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community.

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

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 2017 Regulations.