G/TBT/N/GBR/42  
25 August 2021  
(21-6418) Page: 1/2 
Committee on Technical Barriers to Trade  Original:  English  
 
  
NOTIFICATION  
The following notification is being circulated in accordance with Article 10.6  
 
1. Notifying Member:  UNITED KINGDOM   
If applicable, name of local government involved (Article 3.2 and 7.2):   
2. Agency responsible:  The Department for Business, Energy and Industrial Strategy  
Name and address (including telephone and fax numbers , email and website 
addresses, if available) of agency or authority designated to handle comments 
regarding the notification shall be indicated if different from above:   
UK TBT Enquiry Point  
Trade Policy Group  
Department for International Trade  
Old Admiralty Building  
London  
SW1A 2DY  
TBTEnquiriesUK@trade.gov.uk  
3. Notified under Article 2.9.2 [   ], 2.10.1 [   ], 5.6.2 [   ], 5.7.1 [X], other :  
4. Products covered (HS or CCCN where applicable, otherwise national tariff 
heading. ICS numbers may be provided in addition, where applicable):  Products 
in scope can range from machinery goods and electronic devices to recreational craft, 
lifts, pressure equipment, and personal protective equipment among other product types 
covered by the European conformity marking (CE mark in most cases but als o reversed 
epsilon). Such products are included within, but are not limited to, the following HS codes: 
36, 39, 42, 63, 64, 65, 70, 73, 76, 84, 85, 86, 87, 88, 89, 90, 91, 94, 95, 96. More detail 
on product coverage can be found in the relevant legislation  outlined in annex A of the 
document accompanying this notification.  
5. Title, number of pages and language(s) of the notified document:  The Product 
Safety and Metrology (Amendment) (EU Exit) Regulations 2021.  
6. Description of content:  This measure exte nds the UK's acceptance of products meeting 
EU requirements and marking for a further year (until 1 January 2023), for most goods 
covered by the new UK marking and conformity assessment regime (the UKCA marking) 
which are being placed on the market in Grea t Britain (separate rules apply in Northern 
Ireland).  This measure also extends the time in which the UKCA marking itself can be 
affixed using a label or accompanying document, rather than being placed directly on the 
product itself, by a further 12 months  (until 1 January 2024).   
7. Objective and rationale, including the nature of urgent problems where 
applicable:  In 2020, the UK government introduced legislation which set up the UKCA 
system but provided for a transitional arrangement to continue acceptin g EU product 
requirements until 1 January 2022, for most goods covered by the new UKCA marking 
regime, to support businesses in the transition following the UK's withdrawal from the EU. 
Due to the challenges businesses have faced due to COVID -19, and the n eed for further 
measures to improve conformity assessment body capacity in the UK, we have introduced G/TBT/N/GBR/42  
 
- 2 - 
 
  a further amendment to UK legislation which includes a one -off extension to the 
acceptance of EU product requirements.   We are also extending the time in which the 
UKCA marking  can be affixed to certain products using a label or accompanying document, 
for a further 12 months. This will ensure businesses have sufficient time to fully comply, 
by providing them with a 12 -month period of flexibility after the new standstill end date. 
We are introducing this trade facilitating measure to ensure goods can continue to 
circulate in the UK market safely and in compliance with UK requirements, and to a void 
potential economic disruption on 1 January 2022. We are notifying now to provide some 
time for comments ahead of the date of laying before Parliament in early October. Once 
we lay appropriate legislation, we expect there will be 3 -6 weeks before comin g into force. 
We are notifying and publishing this measure to address urgent problems of public safety 
and national security, as per articles 2.10.1, 2.12, 5.7.1, and 5.9 of the WTO TBT 
Agreement:  
• public safety  - non-compliant but otherwise safe goods may be placed on the 
UK market after 1 January 2022 due to potential difficulties getting the UKCA 
marking resulting from conformity assessment body capacity challenges, 
causing market surveillance problems; or the re may be shortages of goods 
where UKCA marking cannot be accessed.    
• public health - there is a risk of disruption to goods used in the health service, 
such as PPE.   
• national security - many goods covered by the UKCA regime are used in 
critical national i nfrastructure and key industries such as the automotive sector.  
In addition, it is useful to note that these measures provide for continuity of existing 
arrangements as this is a trade liberalising, rather than restrictive measure, and it 
provides continui ty as opposed to introducing changes or restrictions for industry to adapt 
to.; National security requirements; Protection of human health or safety  
8. Relevant documents:  The effect of the measure is the same as introduced by the 
Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019  on 
accepting CE marked goods and the reversed epsilon (such as for aerosol dispensers), 
and on UKCA labelling arrangements acro ss the wide array of goods covered by the 
regulations listed in Annex A of the document accompanying this notification.  
Link to announcement: https://www.gov.uk/government/news/businesses -given -more -
time-to-apply -new-product -safety -marking  
9. Proposed date of adoption:  The instrument is planned to be adopted between 29 
November and 13 December 2021.  
Proposed date of entry into force:  The instrument will come into force between 29 
November and 13 December. It will not practically have effect until 1 January 2022 (to 
deliver the extension).  
10. Final date for comments:  12 October 2021  
11. Texts available from:  National enquiry point [X] or address, telephone and fax 
numbers and email and website addresses, if available , of other body:   
UK TBT Enquiry Point  
Trade Policy Group  
Department for International Trade  
Old Admiralty Building  
London  
SW1A 2DY  
TBTEnquiriesUK@trade.gov.uk  
https://members.wto.org/crnattachments/2021/TBT/GBR/21_5387_00_e.pdf