Draft  Regulations  laid befor e Parliament  under  paragraph  5(1) of Schedule  5 to the Retained 
EU Law (Revocation  and Reform)  Act 2023,  for approval by resolution  of each  House  of 
Parliament. 
DRAFT  STATUT OR Y INSTRUMENTS 
2024  No. 
CONSUMER  PROTECTION 
ELECTROMAGNETIC  COMP ATIBILITY 
HEAL TH AND  SAFETY 
TELECOMMUNICA TIONS 
WEIGHTS  AND  MEASURES 
ENERGY  CONSER VATION 
ENVIRONMENT AL PROTECTION 
The Product  Safety  and Metrology  etc (Amendment)  (Marking 
and Labelling)  Regulations  2024 
- - - - Made 
31st January  2025 - - Coming  into force 
The Secretary  of State  makes  these  Regulations  in exercise  of the powers  conferred  by section 
14(1),  (2) and (3) and section  20(1)(b)  of the Retained  EU Law (Revocation  and Reform)  Act 
2023 (a)(“the  2023  Act”). 
The Secretary  of State  is a relevant  national  authority  for the purposes  of section  14(1),  (2) and 
(3) of the 2023  Act(b). 
In accordance  with paragraph  5(1) of Schedule  5 to the 2023  Act, a draft  of this instrument  has 
been  laid before  Parliament  and approved  by a resolution  of each House  of Parliament. 
(a) 2023  c.28. 
(b) The term “relevant  national  authority”  is defined  in section  21(1)  of the Retained  EU Law (Revocation  and Reform)  Act 
2023. Citation,  commencement  and extent 
1. —(1) These  Regulations  may be cited  as the Product  Safety  and Metrology  etc (Amendment) 
(Marking  and Labelling)  Regulations  2024. 
(2) These  Regulations  come  into force  on 31 January  2025. 
(3) These  Regulations  extend  to England  and Wales and Scotland. 
Amendment  of the Radio  Equipment  Regulations  2017 
2. —(1) The Radio  Equipment  Regulations  2017 (a), as they apply  in relation  to England  and 
Wales and Scotland,  are amended  as follows. 
(2) In regulation  2(1) (interpretation  and application),  after the definition  of “designated  standard” 
insert— 
““digital  link”  has the meaning  given  to it by regulation  10(4);”. 
(3) For regulation  10 substitute— 
“Declaration  of conformity  and UK marking 
10 —(1) Where  the compliance  of radio  equipment  with the essential  requirements  has 
been  demonstrated  by a relevant  conformity  assessment  procedure,  the manufacturer  must, 
before  placing  the radio  equipment  on the market— 
(a) draw  up a declaration  of conformity  in accordance  with regulation  42 (declaration 
of conformity),  and 
(b) affix the UK marking  or a digital  link to the UK marking  in accordance  with 
regulation  44 (UK marking). 
(2) The manufacturer  must  keep  the declaration  of conformity  up to date. 
(3) Where  radio  equipment  is subject  to more  than one enactment  requiring  the drawing 
up of a declaration  of conformity , the manufacturer  must  draw  up a single  declaration  of 
conformity  which  identifies  each enactment  by its title. 
(4) In these  Regulations  “digital  link”  means  a digital  information  link system  which  is 
in the form  of— 
(a) a quick  response  (QR)  code  which  links  to a webpage  which  is accessible  to the 
public  without  charge, 
(b) a near field communication  (NFC)  tag which  communicates  wirelessly  with a 
NFC  enabled  device  and facilitates  a data transfer  to the device,  or 
(c) a radio  frequency  identification  (RFID)  tag which  returns  data from  the tag to a 
RFID  reader .”. 
(4) For regulation  12 substitute— 
“Identification  of the radio  equipment  and manufactur er 
12 —(1) Before  placing  radio  equipment  on the market,  a manufacturer  must  ensure  that 
the radio  equipment  bears— 
(a) a type,  batch  or serial  number;  or 
(a) S.I. 2017/1206;  they were  made  in part under  section  2(2) of the European  Communities  Act 1972  and are accordingly 
saved  by virtue  of section  2(1) of the European  Union  (Withdrawal)  Act 2018;  they were  amended  in respect  of England 
and Wales and Scotland  by S.I. 2019/696,  S.I. 2021/1273  and S.I. 2022/1393;  there  are other  amending  instruments  but 
none  is relevant. 
2 (b) another  element  which  allows  the radio  equipment  to be identified. 
(2) Where  the size or nature  of the radio  equipment  prohibits  a manufacturer  from 
complying  with the requirement  in paragraph  (1), the manufacturer  must  provide  the required 
information  either  on the radio  equipment's  packaging  or in a document  which  accompanies 
the radio  equipment. 
(3) Before  placing  radio  equipment  on the market,  a manufacturer  must  ensure  that the 
information  specified  in paragraph  (4) is indicated  on or accessible  directly  via a digital 
link which  complies  with paragraph  (7) and which  is affixed  indelibly  to— 
(a) the radio  equipment  or its data plate; 
(b) a label  affixed  to the radio  equipment,  its data plate  or its packaging; 
(c) a document  accompanying  the radio  equipment;  or 
(d) the radio  equipment’ s packaging. 
(4) The information  referred  to in paragraph  (3) is— 
(a) the name,  registered  trade  name  or registered  trade  mark  of the manufacturer; 
and 
(b) a postal  address  at which  the manufacturer  can be contacted. 
(5) The information  specified  in paragraph  (4) must  be in a language  which  can be easily 
understood  by end-users  and the enforcing  authority . 
(6) The manufacturer's  postal  address  must  indicate  a single  point  at which  the 
manufacturer  can be contacted. 
(7) A digital  link must— 
(a) be easily  accessible  and readable; 
(b) be displayed  in a manner  which  is clearly  visible  or otherwise  able to be easily 
found; 
(c) provide  a working  digital  connection  to the information  specified  in paragraph 
(4) when  read with— 
(i) a reader , including  a reader  which  can be installed  on a smartphone,  or 
(ii) a device, 
which  is designed  for use with the type of digital  link provided  by the 
manufacturer;  and 
(d) continue  to provide  access  to the information  specified  in paragraph  (4) for a 
period  of 10 years  beginning  on the day on which  the radio  equipment  is placed 
on the market.”. 
(5) In regulation  13 (instructions  and information  to be included  with the radio  equipment),  for 
paragraph  (3) substitute— 
“(3) A manufacturer  must  ensure  that each item of radio  equipment  that they place  on the 
market  is accompanied  by, as read with paragraph  (4), either  a copy  of the declaration  of 
conformity  or a simplified  declaration  of conformity  that complies  with regulation  43 
(simplified  declaration  of conformity). 
(4) The obligation  under  paragraph  (3) may be met by providing  a digital  link that 
complies  with paragraph  (5) and which  gives  direct  access  to the copy  of the declaration 
of conformity  or a simplified  declaration  of conformity . 
(5) A digital  link must— 
(a) be affixed  indelibly  to— 
3 (i) the radio  equipment  or its data plate; 
(ii) a label  affixed  to the radio  equipment,  its data plate  or its packaging; 
(iii) a document  accompanying  the radio  equipment;  or 
(iv) the radio  equipment’ s packaging 
(b) be easily  accessible  and readable; 
(c) be displayed  in a manner  which  is clearly  visible  or otherwise  able to be easily 
found; 
(d) provide  a working  digital  connection  to the copy  of the declaration  of conformity 
or a simplified  declaration  of conformity  when  read with— 
(i) a reader , including  a reader  which  can be installed  on a smartphone,  or 
(ii) a device, 
which  is designed  for use with the type of digital  link provided  by the 
manufacturer;  and 
(e) continue  to provide  access  to the copy  of the declaration  of conformity  or a 
simplified  declaration  of conformity  for a period  of 10 years  beginning  on the 
day on which  the radio  equipment  is placed  on the market.”. 
(6) In regulation  16 (provision  of information  and cooperation),  for paragraph  (1) substitute— 
“(1) Following  a request  from  the enforcing  authority , a manufacturer  must  provide  the 
authority  concerned  with all the information  and documentation  necessary  to demonstrate 
that the radio  equipment  is in conformity  with Part 2— 
(a) within  such reasonable  period  as the authority  may specify;  or 
(b) within  2 working  days where  information  for which  a digital  link is provided  is 
not accessible  or is incomplete.”. 
(7) In regulation  21(d)  (requirements  which  must  be satisfied  before  an importer  places  radio 
equipment  on the market),  for paragraph  (i) substitute— 
“(i) bears  the UK marking  or direct  access  to the marking  is provided  by a 
digital  link, and”. 
(8) For regulation  23 substitute— 
“Information  identifying  importer 
23 —(1) Before  placing  radio  equipment  on the market,  an importer  must  ensure  that 
the information  specified  in paragraph  (2) is indicated  on or accessible  directly  via a digital 
link which  complies  with paragraph  (4) and which  is affixed  indelibly  to— 
(a) the radio  equipment  or its data plate; 
(b) a label  affixed  to the radio  equipment,  its data plate  or its packaging; 
(c) a document  accompanying  the radio  equipment;  or 
(d) the radio  equipment’ s packaging. 
(2) The information  referred  to in paragraph  (1) is— 
(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. 
(3) The information  specified  in paragraph  (2) must  be in a language  which  can be easily 
understood  by end-users  and the enforcing  authority . 
(4) A digital  link must— 
4 (a) be easily  accessible  and readable; 
(b) be displayed  in a manner  which  is clearly  visible  or otherwise  able to be easily 
found; 
(c) provide  a working  digital  connection  to the information  specified  in paragraph 
(2) when  read with— 
(i) a reader , including  a reader  which  can be installed  on a smartphone,  or 
(ii) a device, 
which  is designed  for use with the type of digital  link provided  by the importer; 
and 
(d) continue  to provide  access  to the information  specified  in paragraph  (2) for a 
period  of 10 years  beginning  on the day on which  the radio  equipment  is placed 
on the market.”. 
(9) In regulation  29 (provision  of information  and cooperation),  for paragraph  (1) substitute— 
“(1) Following  a request  from  the enforcing  authority , a importer  must  provide  the authority 
concerned  with all the information  and documentation  necessary  to demonstrate  that the 
radio  equipment  is in conformity  with Part 2— 
(a) within  such period  as the authority  may specify;  or 
(b) within  2 working  days where  information  for which  a digital  link is provided  is 
not accessible  or is incomplete.”. 
(10) In regulation  31(requirements  which  must  be satisfied  before  a distributor  makes  radio 
equipment  available  on the market)— 
(a) in paragraph  (1)(a),  for paragraph  (i) substitute— 
“(i) bears  the UK marking  or direct  access  to the marking  is provided  by a 
digital  link,”; 
(b) in paragraph  (3), for “12(4),  14 and 23(3)”  substitute  “12(2)  and 14”. 
(11) In regulation  35 (provision  of information  and cooperation),  for paragraph  (1) substitute— 
“(1) Following  a request  from  the enforcing  authority , a distributor  must  provide  the 
authority  concerned  with all the information  and documentation  necessary  to demonstrate 
that the radio  equipment  is in conformity  with Part 2— 
(a) within  such period  as the authority  may specify;  or 
(b) within  2 working  days where  information  for which  a digital  link is provided  is 
not accessible  or is incomplete.”. 
(12) In regulation  36A (obligations  which  are met by complying  with obligations  in the 
Directive)— 
(a) for paragraph  (3)(b)  substitute— 
“(b) regulations  2(2)(a),  10(2),  11, 13, 19(3)  and 39 apply  subject  to the 
modifications  in paragraph  (10)”; 
(b) for paragraph  (10)(a)  substitute— 
“(a) any reference  to “declaration  of conformity”  is to be read as a reference  to 
the EU declaration  of conformity  and paragraphs  (4) and (5) of regulation 
13 are omitted”;  and 
(c) for paragraph  (10)(b)  substitute— 
5 any reference  to “UK marking”  is to be read as a reference  to the CE marking 
and any reference  to the following  is omitted— “(b) 
(i) “or direct  access  to the marking  is provided  by a digital  link”, 
(ii) “or a digital  link to the UK marking”, 
(iii) “or a digital  link to a marking”,  and 
(iv) “, or provide  via a digital  link affixed  access  to,””. 
(13) For regulation  39 substitute— 
“Prohibition  on impr oper  use of UK marking 
39 —(1) An economic  operator  must  not affix the UK marking  or a digital  link to the 
UK marking  in relation  to radio  equipment  unless— 
(a) that economic  operator  is the manufacturer , and 
(b) the conformity  of the radio  equipment  with the essential  requirements  has been 
demonstrated  by a relevant  conformity  assessment  procedure. 
(2) An economic  operator  must  not affix a marking  or a digital  link to a marking  in 
relation  to radio  equipment,  other  than the UK marking,  which  purports  to attest  that the 
radio  equipment  is in conformity  with the essential  requirements. 
(3) An economic  operator  must  not affix,  or provide  via a digital  link affixed  access  to, 
a marking,  sign or inscription  in relation  to radio  equipment  which  is likely  to mislead  any 
other  person  as to the meaning  or form  of the UK marking. 
(4) An economic  operator  must  not affix,  or provide  via a digital  link affixed  access  to, 
any other  marking  in relation  to radio  equipment  if the visibility , legibility  and meaning 
of the UK marking  would  be impaired  as a result.”. 
(14) For regulation  44 substitute— 
“UK  marking 
44 —(1) The UK marking  must  be affixed  visibly , legibly  and indelibly  to, or be 
accessible  directly  via a digital  link which  complies  with paragraph  (4) and which  is affixed 
indelibly  to— 
(a) the radio  equipment  or its data plate; 
(b) a label  affixed  to the radio  equipment,  its data plate  or its packaging; 
(c) a document  accompanying  the radio  equipment;  or 
(d) the radio  equipment’ s packaging. 
(2) Where  the radio  equipment  is inside  packaging,  the UK marking  or digital  link to 
the marking  must— 
(a) be affixed  to the packaging  or a label  affixed  to the packaging  (whether  or not 
it is affixed  elsewhere);  or 
(b) be otherwise  visible  and readable  outside  the packaging. 
(3) On account  of the nature  of the radio  equipment,  the height  of the UK marking  when 
affixed  to the radio  equipment  under  paragraph  (1)(a)  may be lower  than 5 mm, provided 
that the marking  remains  visible  and legible. 
(4) A digital  link must— 
(a) be easily  accessible  and readable; 
6 (b) be displayed  in a manner  which  is clearly  visible  or otherwise  able to be easily 
found; 
(c) provide  a working  digital  connection  to the UK marking  when  read with— 
(i) a reader , including  a reader  which  can be installed  on a smartphone,  or 
(ii) a device, 
which  is designed  for use with the type of digital  link provided  by the 
manufacturer;  and 
(d) continue  to provide  access  to the UK marking  for a period  of 10 years  beginning 
on the day on which  the radio  equipment  is placed  on the market. 
(5) When  the conformity  assessment  procedure  in Schedule  4 (conformity  assessment 
module  H) has been applied,  the UK marking  must  be followed  by the identification  number 
of the approved  body  which  carried  out that conformity  assessment  procedure. 
(6) The identification  number  in paragraph  (5) must  have  the same  height  as the 
UK marking  and— 
(a) be affixed— 
(i) by the approved  body  itself,  or 
(ii) under  the instructions  of the approved  body , by the manufacturer  or the 
manufacturer's  authorised  representative;  or 
(b) where  the UK marking  is provided  by a digital  link, be included  with the marking 
by the manufacturer  or the manufacturer ’s representative  under  the instructions 
of the approved  body .”. 
(15) In regulation  51(operational  matters  in relation  to approved  bodies),  for paragraph  3(b) 
substitute— 
“(b) to affix,  or to give instructions  for the affixing  or inclusion  of, the body’ s 
identification  number  pursuant  to regulation  44(5)  (UK marking).” 
(16) In regulation  57 (enforcement  powers)— 
(a) in paragraph  (2), for “the UK marking  has been  affixed  to radio  equipment”  substitute 
“the UK marking  or a digital  link to the UK marking  has been  affixed  in relation  to 
radio  equipment”;  and 
(b) in paragraph  (4)(a),  for “”the  UK marking”  substitute  “the UK marking  or a digital  link 
to the UK marking”. 
(17) In regulation  63 (enforcement  action  in respect  of formal  non-compliance),  in paragraph 
(1)— 
(a) in sub-paragraph  (a), for “the UK marking”  substitute  “the UK marking  or a digital  link 
to the UK marking”; 
(b) in sub-paragraph  (e)— 
(i) in paragraph  (i), for “12(1)  or (2)” substitute  “12(1)  or (4)”, and 
(ii) in paragraph  (ii), for “23(1)”  substitute  “23(2)”. 
(18) In Schedule  2 (conformity  assessment  procedure  module  A), for paragraph  4(1) substitute— 
“(1) The manufacturer  must  affix the UK marking  or a digital  link to the UK marking  in 
accordance  with regulations  39 (prohibition  on improper  use of UK marking)  and 44 (UK 
marking)  in relation  to each item of radio  equipment  that satisfies  the applicable  requirements 
of these  Regulations.”. 
7 (19) In Schedule  3 (conformity  assessment  procedures  modules  B and C), for paragraph  13(1) 
substitute— 
“(1) The manufacturer  must  affix the UK marking  or a digital  link to the UK marking  in 
accordance  with regulations  39 (prohibition  on improper  use of UK marking)  and 44 (UK 
marking)  in relation  to each item of radio  equipment  that is in conformity  with the type 
described  in the Type examination  certificate  and satisfies  the applicable  requirements  of 
these  Regulations.”. 
(20) In Schedule  4 (conformity  assessment  procedure  H), for paragraph  5(1) substitute— 
“(1) The manufacturer  must  affix or provide  a digital  link to, the UK marking  in accordance 
with regulations  39 (prohibition  on improper  use of (UK marking)  and 44 (UK marking) 
and, under  the responsibility  of the approved  body  referred  to in paragraph  3(1),  the latter's 
identification  number  in relation  to each item of radio  equipment  that satisfies  the 
requirements  of these  Regulations.”. 
8 EXPLANA TORY NOTE 
(This  note is not part of the Regulations) 
These  Regulations  revoke  and replace  provisions  of the following  legislation  as they apply  in 
Great  Britain  (England  and Wales and Scotland): 
Measuring  Container  Bottles  (EEC  Requirements)  Regulations  1977/932 
Noise  Emission  in the Environment  by Equipment  for use Outdoors  Regulations  2001/1701 
Supply  of Machinery  (Safety)  Regulations  2008/1597 
Aerosol  Dispensers  Regulations  2009/2824 
Ecodesign  for Energy-Related  Products  Regulations  2010/2617 
Toys (Safety)  Regulations  2011/1881 
Restriction  on the Use of Certain  Hazardous  Substances  in Electrical  and Electronic  Equipment 
Regulations  2012/3032 
Explosives  Regulations  2014/1638 
Pyrotechnic  Articles  (Safety)  Regulations  2015/1553 
Equipment  for use in potentially  explosive  atmospheres  Regulations  2016/1 107 
Simple  Pressure  Vessels  (Safety)  Regulations  2016/1092 
Electromagnetic  compatibility  Regulations  2016/1091 
Lifts  Regulations  2016/1093 
Electrical  Equipment  (Safety)  Regulations  2016/1 101 
Pressure  Equipment  (Safety)  Regulations  2016/1 105 
Gas Appliances  (EU)  Regulation  2016/426 
Personal  Protective  Equipment  (EU)  Regulation  2016/425 
Measuring  Instruments  Regulations  2016/1 153 
Non-automatic  weighing  instruments  Regulations  2016/1 152 
Recreational  Craft  Regulations  2017/737 
Radio  Equipment  Regulations  2017/1206 
The legislation  listed  above  sets out requirements  that products  must  meet  in order  to be placed 
on the market  in Great  Britain  and relates  to, where  applicable,  consumer  health  and safety , 
product  performance  and environmental  requirements  including  energy conservation.  It is secondary 
assimilated  law within  the meaning  of section  12(2)  of the Retained  EU law (Revocation  and 
Reform)  Act 2023  (c.28). 
Where  in the legislation  listed  above,  the UK marking,  or details  of manufacturers,  importers, 
responsible  persons,  or in the case of the Aerosol  Regulations  2009,  the person  responsible  for 
the marketing  of the aerosol  dispenser , are required  to be placed  on the product,  these  Regulations 
9 also permit  the same  marking  and information  to be placed  on, a label  affixed  to the product  or 
to its packaging,  a document  accompanying  the product  or the product’ s packaging.  These 
Regulations  also permit  the same  UK marking  and information,  in addition  to any declaration  of 
conformity  that is required  to accompany  the product,  to be provided  by a digital  link affixed 
indelibly  to, the product,  a label  affixed  to the product  or to its packaging,  a document 
accompanying  the product  or the product’ s packaging. 
These  Regulations  therefore  revoke  and replace  provisions  contained  within  the above  legislation 
concerning  UK marking,  details  of manufacturers,  importers,  marketers,  responsible  persons  and 
the declaration  of conformity , in order  to give effect to the measures  outlined  above. 
10