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Regulation on Market Surveillance and Compliance of Products

EU Regulation 2019/1020 (EU MSC) enters in to force on 16 July 2021. It does not apply in Great Britain, but, for as long as the Northern Ireland Protocol is in place, EU rules on goods, including those relating to market surveillance and compliance will apply in NI.

For Great Britain the applicable legislation continues to be the Regulation for Accreditation and Market Surveillance (GB RAMS) and there is no change to the current requirements. GB RAMS was adapted from EU Regulation 765/2008 (EU RAMS) to stand alone in the UK post Brexit by schedule 33 of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019. The adaption confirmed UK authorities responsibilities and removed links to the EU.

For Northern Ireland the applicable legislation for the period 1 January 2021 to 16 July 2021 is EU RAMS even where the relevant market surveillance authority is based in the UK. There is official guidance available here.

EU RAMS is supersede by EU MSC on 16 July 2021 and the official guidance covering NI has not yet been published. However, the UK Government’s Office for Product Safety and Standards has briefed us as follows:

Responsible Economic Operator

To place certain products on the EU market, there must be an economic operator established in the EU responsible for certain compliance tasks. This also applies to products placed on the NI market. The responsible economic operator can be based in NI this will be sufficient for placing products on NI and EU markets. The name and contact details of the responsible economic operator must be indicated on the product or on its packaging, the parcel or an accompanying document.

The responsible economic operator based in NI (or the EU) can be:

  • A manufacturer or importer
  • An authorised representative
  • A fulfilment service

Note 1: Mandates for authorised representatives should be updated to include the tasks in Article 4 of EU MSC

Note 2: The role and responsibilities of fulfilment services should be clearly agreed and they must be provided with the means to meet these, e.g. compliance documentation.

The economic operator responsible for compliance must:

  • Keep documentation : Verify and keep the appropriate conformity/performance and technical documentation required by the product.
  • Provide documentation: If asked by a market surveillance authority, provide conformity/performance, technical and other relevant documentation and information to demonstrate conformity.
  • Notify risk: If there is reason to believe a product presents a risk, inform the market surveillance authority.
  • Cooperate: Cooperate with market surveillance authorities when a reasonable request is made, including requests to take appropriate corrective action.

Products within scope

ATEXConstruction productsEco design
Electromagnetic capabilityGas appliancesLow voltage electrical equipment
MachineryMeasuring instrumentsNon automatic weighing instruments
Outdoor machinery (‘outdoor noise’)Personal Protective EquipmentPressure equipment
PyrotechnicsRadio equipmentRecreational craft
Restricting hazardous substances in electrical and electronic equipment (‘RoHS’)Simple pressure vesselsToys

Fulfilment services

A fulfilment service is defined as a business which offers at least two of warehousing, packaging, addressing and dispatching, in the course of commercial activity without having ownership of the products involved.

This does not include postal services, parcel services or other freight transport services.

If a fulfilment service is established in NI (or EU) when no other operator listed in Article 4 is, then they are responsible for compliance.

If you have any questions or concerns then please contact David.Goss@bita.org.uk for further information.

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