DRAFT  text of the measure (illustrative ): Statutory Instrument (SI) Amendment    
  
The SI will extend the period during  which certain obliga tions  are deemed to have been met by 
compl iance with EU obligations  from 24 months to four years from IP completion d ay.  The SI 
will also change the period of 36 months to seven years from IP completion day for the conformity 
marking easement; from  24 months to  seven years from IP completion day for the importer 
labelling easemen t; and from 24 months to seven years from  IP comp letion day for the EU 
responsible persons labelling easement for cosmetics. It will also  provide th at wh ere a 
manufacturer has taken action under EU conformity assessm ent procedures before 31st December 
2024, that ac tion will be treated as if taken  under the conformit y assessment procedures which 
apply in Great Britai n, subject to  conditions relating to the continue d validity of certificates issued 
in respect of those requirements and a cut -off date of 3 1st December 2027 .  
  
An illustrative  draft example of how these measures  are intended to  apply to the Simple Pressure 
Vessels Regulation s 2016 (S.I. 2016/1092 ) is provided he re. A full list of the legislation which this 
SI will amend is included at Annex A. Annex B shows how these amendments will app ear in the 
Simple Pressure Vessels Regulatio ns 2016. No te that th e legislative amendments wil l not be made 
to all of the legislatio n liste d in Annex A, as not all of these changes are applicable to the relevant 
provisions . Some regulations will have all amendments made, others may have less.  
  
S T A T U T O R Y  I N S T R U M E N T S  
2022 No.  
EXITING  THE  EUROPEAN  UNION  
CON SUMER  PROTE CTION  
HEALTH AND SAFETY  
MARKET STANDARDS  ETC.  
The Product  Safety  and Metrology (Amendment  and 
Transi tional  Provisions ) Regulations  2022  [Simple  Pressure 
Vessel e xample for WT O purposes]  
Made  - - - - *** 
Coming int o force  [31st December 2022 ] 
The Secretary of State, in exercise of the powers conferred by section 8(1) of and paragraph 21 of  
Schedule 7 to the European Union (Withdrawal) Act 2018( a), makes the followi ng Re gulations.  
 
(a) 2018 c.16, amende d by section 21  of the Europ ean Union  (Withdrawal Agreement) Act 2 020 (c.1); there are other 
amendments not relevant to these Regulations.   
 2 Citation, commencement and extent  
1.—(1) These Regulations may be cite d as the Product Safety and Metrology (Amendment  and 
Transi tional Provisions ) Regulations 2022 and come into force on [31st December 2 022]. 
(2) These Regulations extend to England and Wales and Scotland.  
Amendments to the Simple Pressure Vessel  (Safety) Regu lations 201 6  
2.—(1) The Simp le Pressure Vessel (Safety) Regulations 2016 (a) are amended as follo ws— 
(2) in regulation s 38C(1) and (3) for “24 months ” substitute “four years”; 
(3) in regulation 6(1A)  for “36 months” substitute “ seven years” ; 
(4) in regulation  21(1A)(a)( ii) for “24 months” substitute “ seven years” ; 
(5) in regulatio n 76A (transi tional  provision in relation  to EU exit) after paragraph (4) insert — 
“(5) Subject to paragraph (6), where before 11pm on 31st December 2024— 
(a) a product has not been  place d on the market ; and 
(b) a manufactu rer has taken any action  under the conformity assessment proce dure 
that applies to that product in accordanc e with  Article 13(1) or 13(2) of the 
Directive  
that action  has effect as if it had been done under the applicabl e conformity assessment 
procedure referr ed to in regulation 40 or 41. 
(6) Paragrap h (5) does not apply— 
(a) after the expiry of the validity  of any certificate issued  pursuant to the applicable  
conformity  assessme nt procedure; and 
(b) in any event, after 31st Decemb er 2027.”. 
  
Department for Business, Energy and Industrial Strategy  Minister 
[Date]  
 
 
 
EXPLANATORY NOTE  
(This note is not part of  the Order ) 
These Regula tions are made in exerc ise of the powers  conferred by section 8(1) of the Europe an 
Union (Withdrawal ) Act 2018 (c.16) in order to addre ss failures  of retained EU law to oper ate 
effectively and other  deficiencies (in p articular as se t out in paragraph s (a), (c), (d) and (g) of 
section 8(2) of that Act) arising  from the withdrawal  of the United Kingdom from  the European  
Union.  
The Regul ations extend to England  and Wales and Scotland only.  
Regulatio n 2(2) extends the period during  whic h certain obliga tions  are met by complyin g with 
EU obligations  from 24 months to four years from IP completion da y. 
Regula tion 2(3) extends the period during  which conf ormity mar kings can be placed on a labe l 
affixed to  the produc t, or a document accompan ying the pr oduct, rath er than on the  product itself,  
from 36 months to seven years fr om IP complet ion day . 
 
(a) S.I. 201 6/1092, amended by S.I. 2019/696  and S.I. 2021/ 1273 . They we re made in part under section 2(2) of the Eur opean 
Communiti es Act 1972 a nd are ac cordingly saved by virtue of section 2(2)(a) of the Europea n Union (Withdrawal) Act 
2018.  There are other amendmen ts not relevant to these Regulations.   
 3 Regulation 2(4) extend s the period  during w hich informati on identifying  an importe r can be set 
out in a document  accomp anying th e impo rted product  from 24 months to seven years from IP  
completion da y.  
Regulation  2(5) provide th at wh ere a manufacturer has taken action under EU conformity 
assessm ent procedures before 31st December 2024, that ac tion will be treated as if taken under the 
conformit y assessm ent procedures which apply in Great Bri tain. The pro vision inclu des conditions 
relating t o the continued validity of cer tificate s issued in respect  of the EU conformity assessment 
proced ures and a cut-off date of 31 st Dece mber 202 7, afte r which the provisi on will cease to have 
effect .  
 4  
Annex A: List of UK re gulations that will be amende d   
  
  
1. Measuring Container Bottles (EEC Requirements) Regulations 1977    
https://www.l egislation.gov.u k/uksi/1977/932/content s/mad e    
  
2. Noise Emission in  the Environment by Equipment for use Outdoors Regulations 
2001  
https://www.legislation.gov.uk/uksi /2001/1701/contents/mad e   
  
3. Supply of  Machinery (Saf ety) Regulation s 2008  
https://www.legislation. gov.uk/uk si/2008/1597/contents/mad e   
  
4. Regulation (EU) 1223 of 200 9  
https://www.legislation.gov.uk/eur/2009/1223/content s     
  
5. Aerosol Dispensers Regulations 200 9  
https://www.legislation.gov.uk/ uksi/2009/2824/ content s   
  
6. Toys (Safety) Regulations 201 1  
https://ww w.legislation.gov.uk/uksi/2011/1881/contents/mad e   
  
7. Expl osives Re gulations 201 4  
https://www.legislation.gov.uk/uksi/2014/1638/mad e   
  
8. Pyrotechnic Articles (Safety)  Regulati ons 201 5  
https://www.legi slation.gov.uk/ uksi/2015/1553/contents/mad e   
  
9. Electromagnetic Compatibility Regulations 201 6  
https://www.legislation .gov.uk/uksi/2016/1091/content s   
  
10. Simple Pressure V essels (Safety)  Regulations 201 6  
https://www.legisl ation.gov .uk/uksi/2016/1092/content s   
  
11. Lifts Regulations 201 6  
https://www.legislation.gov.uk/uksi/2016/1093/content s   
  
12. Electrical Equipment (Safety) Regulations 201 6  
https://www.legislation.g ov.uk/uksi/2016 /1101/content s  
  
13. Equipment and Protective Systems Intended for Use in Potentially Explosive 
Atmospheres Regulations 201 6  
https://www.legislation.gov.uk /uksi/2016/1107 /contents/mad e   
  
14. Non-automatic Weighing Instruments Regulations 201 6  
https://www.legislation.gov.uk/uksi/2016/1152/mad e   
  
15. Measuring Instruments Regulations 2016  
https://www.legislation.gov.uk/uksi/2016/1153/contents/ made   
  
16. Recreational Craft Regulations 201 7  
https ://www.legislation.gov.uk/uksi/2017/737/contents/mad e   
  
17. Radio Equipment Regulations 201 7  
https:/ /www.legislation.gov.uk/uksi/2017/1206/ contents/mad e   
   
 5 18. Ecodesig n for Energy -related Products Regulations 201 0  
https://www.legislation.gov.uk/uksi/2010/2617/contents/ made    
  
19. The Restriction of the Use o f Certain Hazar dous Substances  in Electrical and 
Electronic Equipment Regul ations 201 2  
https://www.legislation.gov.uk/uksi/2012/3 032/contents/mad e          
  
20. The Press ure Equipment ( Safety) Regulat ions 201 6  
https://www.legislation.go v.uk/uksi /2016/1105/content s 
 
21. Regulation (EU) 2016/425 of the Eu ropean Parliament and of the Council on  personal 
prote ctive equipment  and repeal ing Council Directive 89/686/EE C  
https:/ /www.legislation.gov.uk/eur/2016/425/bod y   
 
22. Regulati on (EU) 2016/426 of the European Parlia ment and of the  Council on app liances 
burning gaseous fuels and repealing Directive 2009/142/E C  
https://www.legislation.gov.uk/eur/2016/426/ body   
 
23. Weights and Measures (Packaged Goods) Regulations 2006 S.I. 2006/659  
https://www.legislation.gov.uk/uksi/2006/659/cont ents 
24. Personal Protective Equipment (Enforcement) Regulations 2 018 S.I. 2018/390  
https://www.legislation.gov.uk/uksi/2018/390/conte nts 
25. Gas Appliances (Enforcement) and Miscellaneous Amen dments Regulations 2018 S.I. 
2018/389  
https://www.legislation.gov.uk/uksi/2018/389/contents  
  
 6  
Keeling Schedule for draft Product Reg ulation a nd Metrology 
(Amendment  and Transitional Provisions ) Regula tions 2022  
This Keeling Schedule shows how the draft Re gulations affect the 
Simple Pressure Vessels (Safety) Regulations 2016 (S.I. 2016/1092 ) 
Annex B: Draft SI Amendments – tracked change s  
  
Belo w is a n extract of the Simple Pressure Vessels (Safety) Reg ulations 2016 S.I. 
2016/1092 with draft tracked changes   
Note: the amendments to the Regulations are intended to come into force on 31st 
December 2022  and extend to England and Wales and S cotland . 
 
STATUTORY INSTRUMENTS   
 
2016 No. 1092   
 
HEALTH AND SAFETY   
CONSUMER PROTECTION   
 
Simple  Pressure  Vessels  (Safety)  Regulations  2016  
 
Made         15th November  2016  
Laid before Parliament       16th November  2016  
Coming into force        8th Decem ber 2016  
 
 
 
6   Declaration  of conformity,  UK marking  and inscriptio ns for category  A 
vessels  
 
(1)     Where the conformity  of a category A vessel with the essential safety 
requirements has been demonstrated by a releva nt conformity assessment procedure, 
before pla cing that vessel on the market, a manufacturer must — 
(a)     draw up  a declaration of conformity in accordance wit h regulation 43; and  
(b)     affix the information set out in paragraph (1B) to — 
(i)     the vessel;  
(ii)     its data plate; or  
(iii)     where paragraph (1A) applies — 
(aa)     to a label affixed to t he vessel; or  
(bb)     in a document accompanying the v essel . 
(1A)      This paragraph applies to a vessel that is placed on the market within a period 
of 36 months  seven  years  beginning wi th IP com pletion day.  
 
(1B)     The information referred to in parag raph (1)(b) is — 
(a)     the UK marking;  
(b)     the las t two digits o f the year in which the UK marking is affixed;  
(c)     the inscriptions.   
 7 (2)     Where a data plate is used, it must be  so desig ned that it cannot be reused and 
must include a vacant spac e to enable other information to be provided.  
(3)     The information  referred to in paragraph (1)(b) must be visible, legible and 
indelible.  
(4)     The manufacturer must keep the  EU declaration o f conformity up -to-date.  
(5)     Where a category A vessel is subject to more than one enactment requiring the 
drawing up of a d eclaration of conformity, the manufacturer must draw up a single 
declaration of conformity which identifies each enactm ent by it s title.  
 
21  Information  identifying  importer  
(1)     Befo re placing a vessel on the market, an importer must ind icate on the 
vessel  — 
(a)     the name, registered trade name or registered trade mark of the importer; and  
(b)     a postal address at which the importer can be contacted.  
(1A)      Paragraph (1) does not apply where — 
(a)     either — 
(i)     it is not poss ible to s et out the information referred to in paragraph (1) on the 
vessel, or  
(ii)     the importer has imported the vessel from an EEA state  or Switzerland and 
places it on the market within the peri od of  24 months  seven  years  beginning with IP 
completio n day, and  
(b)     before placing the vessel on the market, the importer sets out the information 
referred to in paragraph (1) in a d ocument a ccompanying the vessel.  
(2)     The contact details referre d to in paragraph (1) must be in a language wh ich can 
be easily understood by end -users and the enforcing authority.  
 
38A  Obligations  which  are met by complying  with  obligations  in the Directive  
(1)     In this regulation — 
(a)     any reference to an Arti cle or an Annex is a reference to an Article or an Anne x 
of the Directive;  
(b)     “CE marking” has the meaning given to it in Article 2(17);  
(c)     “harmonised standard” has the meaning given to it in Article 2(9).  
(2)     Subject to paragraphs (6) and ( 7), paragraph (3) applies where, before placing a 
categ ory A vessel on the market, the manufacturer — 
(a)     ensures that the vessel has been designed and manufactured in accordance with 
the essent ial safety requirements set out in Annex I;  
(b)     ensures  that the relevant conformity assessment procedures tha t apply to that 
vessel in accordance with Article 13(1) and (2) have been carried out;  
(c)     draws up the technical documentation r eferred t o in Annex II;   
 8 (d)     ensures that the technical documenta tion and other records and correspondence 
relating to t he conformity assessment procedures are prepared in or translated into 
English;  
(e)     affixes a CE marking and the inscriptions, in  accordan ce with Articles 15 and 
16(1) to (4);  
(f)     draws up an E U declaration of conformity, in accordance with Article  14; and  
(g)     ensures that the EU declaration of conformity is prepared in or translated into 
English.  
(3)     Where this paragrap h applies — 
(a)     the requirements of regulations 4(1), 5, 6(1) to (3) and (5) are to be treated as 
being satisfied;  
(b)     regulations 2(5)(a), 6(4), 8, 9(2), 16(2) and 38 apply subject to the modifications 
in paragraph (10);  
(c)     Part 3 does not app ly; and  
(d)     regulation 62 does not apply.  
38B  Conformity  assess ment procedure  obligation  which  is met by complying  
with the Directive  
(1)     In this regulation — 
(a)     any reference to an Article or an Annex is a reference to an Article or an Annex 
of the Di rective;  
(b)     “harmonised standard” has the meaning given to it in Article 2(9).  
(2)     Subject to paragraphs (4) and (5), paragraph (3) applies where, prior to the 
manufacture of a category A vessel, the manufacturer ensures that the conformi ty 
assess ment procedure that applies to that vessel in accordanc e with Article 13(1) has 
been carried out.  
(3)     Where th is paragraph applies — 
(a)     regulation 40 is to be treated as being satisfied;  
(b)     any reference to “relevant conformity assess ment proc edure” in regulations 
5(b), 6(1), 18(a), 38(b) and 43(c ) is to be read as including the conformity assessment 
procedure referred to in Article 13(1); and  
(c)     any reference to “technical documentation” in regulations 5(a), 8, 18(b) and 
26(b) is  to be re ad as including the technical documentation relating to  the design of 
the vessel referred to in Annex II.   
 9 (4)     This paragraph applies where there is no designated standard or part of a 
designated standard which corresponds exactly to a harmonis ed standa rd or part of a 
harmonised standard referred to in Arti cle 12. 
(5)     Where paragraph (4) applies, paragraph (2) is to be treated as requiring the 
manufacturer to have carried out the conformity assessment procedure set out in 
Article 13(1)(b).  
38C  Expir y of regulations  38A and 38B 
(1)     Subject to paragra ph (2), regulation 38A ceases to have effect at the end of the 
period of [ 24 months [four years ] beginning with IP completion day.  
(2)     Notwithstanding the expiry of regulation 38A — 
(a)     any vesse l which was placed on the market pursuant to regulation 38A  may 
continue to be made available on the market after the expiry of regulation 38A;  
(b)     any obligation to which a person was subject under regulation 38A in respect of 
a vesse l placed  on the m arket pursuant to regulation 38A continues to have effect a fter 
the expiry of regulation 38A, in respect of that v essel.  
(3)     Subject to paragraph (4), regulation 38B ceases to have effect at the end of the 
period of [ 24 months  four years] begi nning wit h IP completion day.  
(4)     Where a conformity assessment procedure has been completed pursuant to 
regulation 38B  in relation to a vessel prior to the expiry of regulation 38B, regulation 
38B continues to apply in respect of that vessel w here— 
(a)     the manufacturer arranges for the EU -Type examination certific ate and any 
annexes to be transferred to an approved bo dy; 
(b)     the approved body referred to in sub -paragraph (a) accepts responsibility for the 
EU-Type examination certificate ; and  
(c)     the approved body issues a Type -examination certificate relyin g, or relying in 
part, on any examinations or tests und ertaken prior to the issue of the EU -Type 
examination certificate.  
 
76A  Transitional  provision  in relation  to EU Exit 
 
(1)     In this regula tion— 
“pre-exit period” means the period beginning with the  commencement date and 
ending immediately before IP com pletion day;  
“product” means a vessel to which these Regulations apply.  
 
(2)     Subject to paragraph (3), where a produ ct was made a vailable on the market 
during the pre -exit period, despite the amend ments made by Schedule 21 to the 
Product Safety and Met rology etc (Amendment etc) (EU Exit) Regulations 2019, any 
obligation to which a person was subject under these Regulati ons as they h ad effect   
 10 immediately before IP completion day, continues to have ef fect as it did immediately 
before IP completion day, in  relation to that product.  
 
(3)     Paragraph (2) does not apply to — 
(a)     any obligation of any enforcing authority t o inform the European Commission 
or the member States of any matter; or  
(b)     any obligation to take action outside of the United King dom in respect of that 
product.  
 
(4)     Where during the pre -exit period — 
(a)     a product has not been placed on the market; and  
(b)     a manufacturer has taken any action under regulations 40 or 4 1 as they had 
effect immediately before IP completion d ay in relation to that product  
that action has effect as if it had been done under regulations 40 or 41  as they have 
effect on and af ter IP co mpletion day . 
(5)  Subject to paragraph (6), where before 1 1pm on 31st December 2024:— 
(a) a product has not been placed on the market, and  
(b) a manufacturer has taken any action under the conformity assessment 
procedure that applies to that prod uct in ac cordance with Article 13(1) 
or Article 13(2) of the Directi ve* 
that action has effect as if it had been done under  the applicable conformity 
assessment procedure referred to in regulation 40  or 41.  
(6) Paragraph (5) does not apply: — 
(a) after the expiry of  the validity of any certificate issued pursuant to the 
applicable conformity assessment procedure; and  
(b) in any  event, after 31st December 202 7.” 
 
*Directive 2014/ 29