OPSS FAQs - Product safety

As mutual recognition of professional qualifications no longer applies, what constitutes a suitable UK qualification for a cosmetics assessor? Is a non-university diploma acceptable?

Can organisations operating on behalf of the Department for Education and in line with the European Union (Recognition of Professional Qualifications) Regulations 2015, as amended by the Recognition of Professional Qualifications (Amendment etc.) (EU Exit) Regulations 2019 rule on what constitutes a comparable qualification attained in an EU27 country?

A Leicestershire-based business with Northern Ireland stores seeks guidance on whether existing test reports valid, whether new declarations of conformity are required, what marks should be used (UKCA/CE/UKNI or a combination) and whether they need an authorised representative in NI.

Can a freight company that has been asked to clear and deliver goods by a non-resident importer following a 'Fulfilment by Amazon' model continue to do so?

Must the "Authorised Representative” be based in GB or NI for the GB market? What qualifies as "based in GB" - would an accountant’s details, or services mailbox suffice?

How are you defining industry in relation to cosmetics? What will be the consequences for cosmetics manufacturers who've not submitted the required information for every product they supply? When will the Submit Cosmetic Product Notification service be available to GB businesses/LAs? Will more than one LA officer have access to Submit Cosmetic Product Notification service?

Will designated standards become commercial copyrighted documents or will they be made freely available to business? Are the British Standard Institution (BSI) still going to be a member of CEN?

Will the status of fulfilment houses change from 1 January 2021? What will their responsibilities be?

From an investigation and enforcement perspective will there be changes in respect to Consumer Rights Act (CRA) s15 and TS as a Market Surveillance Authority i.e., certain exemptions from CRA when conducting MS activities? Will there be much change to the use or wording of certain notices under GPSR or CPA that we may currently use?

What guidance is available for those businesses who sell online from EU into UK, and vice versa? Can products placed on the market ‘on line’ for NI with CE marks have unfettered access to the GB market?

Does an electrical product have to be UKCA marked if it is placed on the GB market after 1 Jan 2021 or can they still be solely CE marked up until 31 December 2021 (assuming no change in legislative requirements)? Will it be an offence to apply a UKCA mark to inappropriate goods i.e., GPSR regulated goods? What about fireworks? Importation of fireworks from China or EU only recently moved to CE marks? What will a toy importer who imports CE marked toys from outside the EU have to change and when will he have to do it by? From 1 Jan 2022 will UK businesses need to have separate labelling (UKCA vs CE) and conformity assessment (one for UK and one for EU) for what is likely to be exactly the same product? Does a product have to be manufactured / processed in Northern Ireland to qualify for the CE & UKNI to be affixed? So, CE & UKNI marked goods cannot be sold in the EU. They can only be sold in NI or GB. Can a product carrying a CE and UKCA marking be sold in NI even if it does not carry the UKNI marking after 2021? Can UKCA marked goods circulate on the NI market? or is it only CE or CE and UKNI marked goods? If CE marked goods are manufactured in NI and have unfettered access to the GB (England, Scotland and Wales) won't there be confusion in the market with CE products being placed on the GB market? As the UKCA mark cannot be used in Northern Ireland, why is it not called the GBCA mark?

When will businesses be able to access the new cosmetic portal in order to upload new products? Cosmetic products currently registered on the CPNP and only supplied in NI do they also have to be registered on the new SCPN database? Is a Manufacturer's address in N.I both an EU Responsible Person and a GB Responsible Person?

Can you clarify the position of the importer. Are they legally responsible as the manufacturer if they import good into NI? Would we take action against the importer rather than the manufacturer? A manufacturer carries out conformity assessment themselves without using a notified body. From 1st January 2021 what mark must be used on the toy (or new product toy) or its packaging? If the importer has placed a GB name and address on the label does it still require NI details to supply in NI?

Unfettered access for NI goods means that CE marked goods can circulate in GB. But can UKCA marked goods circulate in NI? Because UKCA marked goods alone won't be valid for the NI Market - they will also need CE or CE+UNKI marking - do the speakers expect the range of goods available to NI consumers from GB manufacturers to reduce due to the need to go through a second assessment process? Will Local Authority Approved Bodies be eligible to issue Certificates of Conformity against CE "rules" and what system will there be for validation declarations of "CE" conformity made by GB economic operators, not registered with an EU27 NB? e.g., for the UKNI + CE function.

If I sell a product to a consumer/end-user in the EU (even if that is not my intention) do I have to comply with the EU rules? Can my ROI shop for my GB-based business be used as the 'responsible person' based in the EU?

Guidance on The Radio Equipment Regulations 2017 (as they apply to equipment being supplied in or into Great Britain from 1 January 2021) mentions 'goods from the EEA' and 'goods from an EEA state' but does this include goods manufactured outside and then imported into an EEA state as well as goods manufactured in an EEA state? Can you explain what goods are covered by the transitional arrangement until 31 December 2022?