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Committee on Technical Barriers to Trade  Original  Language: Engl ish  
 
 
 
  
 Text of the measure (illustrative) : Statutory Instrument (SI) Amendment  
 
The SI will change the reference from a 12 -month period of continued acceptance of the CE mark to 24 months 
and to change the reference to 24 months to 36 months for the labelling/accompanying document easement. 
This will apply across all relevant legislation listed here  and also at annex A.  
 
S T A T U T O R Y  I N S T R U M E N T S  
2021 No.  
EXITING THE EUROPEAN UNION  
CONSUMER PROTECTION  
HEALTH AND SAFETY  
The Product Safety  and Metrology (Amendment) (EU Exit) Regulations 2021  
Made  - - - - *** 
Laid before Parliament  12th October 2021  
Coming into force  - - 13th December 2021  
Extension of transitional provisions  
1. In the provisions listed in Schedule 1, for “12 months” substitute “24 months”.  
2. In the provisions listed in Schedule 2 for “24 months” substitute “36 months”.  
 SCHEDULE 1 Regulation 1  
 
3. The provisions referred to in regulation 1 are as follows — 
(a) regulation 7B(1)  of the Measuring Container  Bottle (EEC Requirements) Regulations 1977 (a); 
 
(a) S.I. 1977/932 ; relevant amending instruments are S.I. 2019/696 , as that instrument  was itself amended by S .I. 2020/1460 .   
  
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 (b) regulation 12B(1) of the Noise Emission in the Environment by Equipment for use Outdoors Regulations 2001 (b); 
(c) regulation 12B(1) of the Supply of Machinery (Safety) Regulations 2008 (c); 
(d) regulation 5A(3)(aa) of the Aerosol Dispensers Regulations 2009 (d); 
(e) regulation 39AA(1)  of the Toys (Safety) Regulations 2011 (e); 
(f) regulation 64C(1) and (3) of  the Explosives Regulations 2014 (f); 
(g) regulati on 38E(1) of the Pyrotechnic Articles (Safety) Regulations 2015 (g); 
(h) regulation 38B(1) of the Electromagnetic Compatibility Regulations 2016 (h); 
(i) regulation 38C(1) and (3) of the Simple Pressure Vessels (Safety) Regulations 2016 (i); 
(j) regulation 45(1) and (3) of the Lifts Regulations 2016 (j); 
(k) regulation 3 4B(1) of the Electrical Equipment (Safety) Regulations 2016 (k); 
(l) regulation 39C(1) and (3) of the Pressure Equipment (Safety) Regulations 2016 (l); 
(m) regulation 36C(1) and (3) of the Equipment and Protective Systems Intended for Use in Potentially Explosive 
Atmospheres Regulations 2016 (m); 
(n) regulation 32C(1) and (3) of the Non-automatic Weighing Instruments Regulations 2016 (n); 
(o) regulation 33C(1) and (3) of the Measuring Instruments Regul ations 2016 (o); 
(p) regulation 40C(1) and (3) of  the Recreational Craft Regulations 2017 (p); 
(q) regulation 36B(1) of the Radio Equipment Regulations 2017 (q); 
(r) regulation 2C(1) and (3) of the Personal Protective Equipment (Enforcement) Regulations 2018 (r); 
(s) regulation 20C(1) of the Ecodesign for Energy -Related Products Regulations 2010 (s); 
(t) regulation  2C(1) and (3) of Gas Appliances (Enforcement) and Miscellaneous Amendments Regulations 2018 (t); 
(u) regulation 34B(1) of the Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic 
Equipment Regulations 2012 (u). 
 
(b) S.I. 2001/1701 ; relevant amending instruments are S.I. 2019/696 , as that instrument was itself amended by S.I. 2020/1460.  
(c) S.I. 2008/1597 ; relevant amending instruments are S.I. 2019/696 , as that instrument was itself amended by S.I. 2020/1460 . 
(d) S.I. 2009/2824 ; relevant amending instruments are S.I. 2019/696 , as that instrument was itself amended by S.I. 2020/1460.   
(e) S.I. 2011/1881 ; relevant amending instruments are S.I. 2019/696 , as that instrument was itself amended by S.I. 2020/1460.  
(f) S.I. 2014/1638 ; relevant amending instruments are S.I. 2019/696 , as that instrument was itself amended by S.I. 2020/1460.  
(g) S.I. 2015 /1553; relevant amending instruments are S.I. 2019/696 , as that instrument was itself amended by S.I. 2020/1460.  
(h) S.I. 2016/1091 ; relevant amending instruments are S.I. 2019/696 , as that instrument was itself amended by S.I. 2020/1460.  
(i) S.1. 2016/109 2; relevant amending instruments are S.I. 2019/696 , as that instrument was itself amended by S.I. 2020/1460.  
(j) S.I. 2016/1093 ; relevant amending instruments are S.I. 2019/696 , as that instrument was itself amended by S.I. 2020/1460.  
(k) S.I. 2016/1101 ; relevant amending instruments are S.I. 2019/696 , as that instrument was itself amended by S.I. 2020/1460.  
(l) S.1. 2016/1105 ; relevant amending instruments are S.I. 2019/696 , as that instrument was itself amended by S.I. 2020/1460.  
(m) S.I. 2016/1107 ; relev ant amending instruments are S.I. 2019/696 , as that instrument was itself amended by S.I. 2020/1460.  
(n) S.I. 2016/1152 ; relevant amending instruments are S.I. 2019/696 , as that instrument was itself amended by S.I. 2020/1460.  
(o) S.I. 2016/1153 ; relevant amending instruments are S.I. 2019/696 , as that instrument was itself amended by S.I. 2020/1460 . 
(p) S.I. 2017/737 ; relevant amending instruments are S.I. 2019/696 , as that instrument was itself amended by S.I. 2020/1460.  
(q) S.I. 2017/1206; relev ant amending instruments are S.I. 2019/696 , as that instrument was itself amended by S.I. 2020/1460.  
(r) S.I. 2018/390 ; relevant amending instruments are S.I. 2019/696 , as that instrument was itself amended by S.I. 2020/1460.  
(s) S.I. 2010/2617 ; relevant a mending instruments are S.I. 2019/539 , S.I. 2020/1528 . 
(t) S.I. 2018/389; relevant amending instruments are S.I. 2019/696, as that instrument was itself amended by S.I. 2020/1460,  
(u) S.I. 2012/3032 , amended by S.I. 2019 /188 and 2020/1647 ; there are other amending instruments but none is relevant.    
  
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  SCHEDULE 2 Regulation 2  
 
4. The provisions referred to in regulation 2 are as follows — 
(a) regulation 5(2A) of the Measuring Container Bottles (E EC Requirements) Regulations 1977 ; 
(b) regulation 7(2B) of the Noise Emission in the Environment by Equipment for use Outdoors Regulations 2001 ; 
(c) regulation 7(2A) of the Supply of Machinery (Safety) Regulations 2008 ; 
(d) regulation 3(1A) of the Aerosol Dispensers R egulations 2009 ; 
(e) regulation 18(3A) of the Toys (Safety) Regulations 2011;  
(f) regulation 68(1A ) of the Explosives Regulations 2014 ; 
(g) regulation 42(1A ) of the Pyrotechnic Articles (Safety) Regulations 2015 ; 
(h) regulation 42(1A) of the Electromagnetic Compatibility Regulations 2016 ; 
(i) regulation 6(1A) of the Simple Pressure Vessels (Safety) Regulations 2016 ; 
(j) regulation 50(1A) of the Lifts Regulations 2016 ; 
(k) regulation  39(1A)  of the Electrical Equipment (Safety) Regulations 2016 ; 
(l) regulation 49(1A) of the Pressure Equipment (Safety) Regulations 2016 ; 
(m) regulation  41(1A)  of the Equipment and Protective Systems Intended for Use in Potentially Explosive 
Atmospheres Regulations 2016 ; 
(n) regulation 6(2) of the  Non-automatic Weighing Instruments Regulati ons 2016 ; 
(o) regulation 7(2) of the Measuring Instruments Regulations 2016 ; 
(p) regulation 54(1A) of the Recreational Craft Regulations 2017 ; 
(q) regulation 44(1A) and (2A) of the Radio Equipment Regulations 2017 ; 
(r) Article 17(1A) of Regulation (EU) 2016/425 of the European Parliament and of the Council on personal protective 
equipment and repealing Council Directive 89/686/EEC (v); 
(s) Article 17(1A) of Regulation (EU) 2016/426 of the European Parliament and of the Council on appliances burning 
gaseous fuels and repeali ng Directive 2009/142/EC (w); 
(t) regulation 16(2A) of the Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic 
Equipment Regulations 2012  in regulation 16(2A) . 
  
 
(v) OJ No. L 81, 31.3.2016, p. 51 ; relevant amending instruments are S.I. 2019/696, as that instrument was itself amended by S.I. 2020/1460.  
(w) OJ No. L 81, 31.3.2016, p. 99 ; relevant amending in struments are S.I. 2019/696, as that instrument was itself amended by S.I. 2020/1460.    
  
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 Annex A:  List of UK regulations that will be amended  
 
1. Measuring Container Bottles (EEC Requirements) Regulations 1977  
   https://www.legislation.gov.uk/uksi/1977/932/contents/made   
 
2. Noise Emission in the Environment by Equipment for use Outdoors Regulations 2001  
   https://www.legislation.gov.uk/uksi/2001/1701/contents/made   
 
3. Supply of Machinery (Safety) Regulations  2008 
   https://www.legislation.gov.uk/uksi/2008/1597/contents/made   
 
4. Aerosol Dispensers Regulations 2009  
   https://www.legislation.gov.uk/uksi/2009/2824/contents   
 
5. Toys (Safety) Regulations 2011  
    https://www.legislation.gov.uk/uksi/2011/1881/contents/made   
 
6. Explosives Regulations 2014  
https://www.legislation.g ov.uk/uksi/2014/1638/made   
 
7. Pyrotechnic Articles (Safety) Regulations 2015  
    https://www.legislation.gov.uk/uksi/2015/1553/contents/made   
 
8. Electromagnetic Compatibility Regulatio ns 2016  
https://www.legislation.gov.uk/uksi/2016/1091/contents   
 
9. Simple Pressure Vessels (Safety) Regulations 2016  
https://www.legislation.gov.uk/uksi/2016/1092/contents   
 
10. Lifts Regulations 2016  
https://www.legislation.gov.uk/uksi/2016/1093/contents   
 
11. Electrical Equipment (Safety) Regulations 2016  
https://www.legislation.gov.uk/uksi/2016/1101/contents   
 
12. Equipment and Protective  Systems Intended for Use in Potentially Explosive Atmospheres Regulations 
2016 
https://www.legislation.gov.uk/uksi/2016/1107/contents/made   
 
13. Non-automatic Weighing Instruments Regulations 2016  
https://www.legislation.gov.uk/uksi/2016/1152/made   
 
14. Measuring Instruments Regulations 2016  
https://www.legislation.gov.uk/uksi/2016/1153/contents/made   
 
15. Recreational Craft Regulations 2017  
https://www.legislation.gov.uk/uksi/2017/737/contents/made   
 
16. Radio Equipment Regulations 2017  
https://www.legislation.gov.uk/uksi/2017/1206/contents/made   
   
  
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 17. Personal Prote ctive Equipment (Enforcement) Regulations 2018  
https://www.legislation.gov.uk/uksi/2018/390/contents/made   
 
 
18. Ecodesign for Energy -related Products Regulations 2010  
https://www.legislation.gov.uk/uksi/2010/2617/contents/made    
 
19. The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment 
Regulations 2012  
https://www.legislation.gov.uk/uksi/2012/3032/contents/made       
 
20. Pressure Equipment (Safety) Regulations 2016  
https://www.legislation.gov.uk/uksi/2016/1105/contents   
 
21. Regulation (EU) 2016/425 of the European Parliament and of the Council on personal protective 
equipment and repealing Council D irective 89/686/EEC  
https://www.legislation.gov.uk/eur/2016/425/body   
 
22. Regulation (EU) 2016/426 of the European Parliament and of the Council on appliances burning gaseous 
fuels and repealing  Directive 2009/142/EC  
https://www.legislation.gov.uk/eur/2016/426/body   
 
23. Gas Appliances (Enforcement) and Miscellaneous Amendments Regulations 2018  
https://www.legislation.gov.uk/uksi/2018/389/contents   
 
 
 
 
 
   
  
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 Annex B: Draft SI Amendments – tracked changes  
 
Below is a tracked change version of the Simple Pressure Vessels (Safety) Regulations 2016 legislation as an 
example.  
 
SHOWING REGS 6 AND 38C AS THEY APPLY IN GREAT BRITAIN - FOR ILLUSTRATIVE 
PURPOSES ONLY  
 
Simple Pressure Vessels (Safety) Regulations 2016/1092  
Preamble  
  
Made: 15 November 2016  
Laid before Parliament: 16 November 2016  
Coming into force: 08 December 2016  
The Secretary of State is a Minister designated for the purposes of section 2(2)  of the European Communities Act 197 2 in 
relation to measures relating to safety as regards simple pressure vessels.  
  
 These Regulations make provision for a purpose mentioned in section 2(2)  of the European Communities Act 1972  and it 
appears to the Secretary of State that it is expedient for certain references to provisions of EU instruments to be construed  as 
references to those provisions as amended from time to time.  
  
 The Secretary of State makes these Regulations in exercise of the powers conferred by section 2(2)  of, and paragraph 1A  of 
Schedule 2 to, that Act.  
 
 
6.—  Declaration of conformity, UK marking and inscriptions for category A vessels  
(1)  Where the conformity of a category A vessel with the essential safety requirements has been demonstrated by a relevant 
conformity assessment procedure, before placing that vessel on the market, a manufacturer must — 
(a)   draw up a declaration of conformity in accordance with 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 the vessel; or  
(bb)  in a document accompanying the vessel;  
(1A)   This paragraph applies to a vessel that is placed on the market within a period of 36 months   24 months beginning with 
IP com pletion day.  
(1B)  The information referred to in paragraph (1)(b) is — 
(a)  the UK marking;  
(b)  the last two digits of the year in which the UK marking is affixed;  
(c)  the inscriptions.  
(2)  Where a data plate is used, it must be so designed that it cann ot be reused and must include a vacant space 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 declaration of conformity up -to-date.  
(5)  Where a category A vessel 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.    
  
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  38C.— Expiry of regulations 38A and 38B  
(1)  Subject to paragraph (2), regulation 38A  ceases to have effect at the end of the perio d of 24 months 
12 months  beginning with IP completion day.  
(2)  Notwithstanding the expiry of regulation 38A — 
(a)  any vessel which was placed on the mark et 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 vessel placed 
on the market pursuant to regulation 38A  continues to have effect after the expiry of regulation 38A , 
in respect of that vessel.  
(3)  Subject to paragraph (4), regulation 38B  ceases to have effect at the end of the period of 24 months  
12 months beginning with 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  conti nues to apply in respect 
of that vessel where — 
(a)  the manufacturer arranges for the EU -Type examination certificate and any annexes to be 
transferred to an approved body;  
(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 relying, or relying in part, on any 
examinations or tests undertaken prior to the issue of the EU -Type examination certificate.  
(5)  In paragraph (4) ”EU -Type examination certificate”   means a certificate issued after an EU -Type 
examination has been carried out in accordance with a conformity assessment procedure set out in 
point 1 of Annex II of the Directive.