OPSS Support for LAs OPSS FAQs

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?

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 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?

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?

What marks can and should a German manufacturer apply to capacity measures for use in the UK? Can they use CE marks until 31.12.2021? Where should the verification be carried out - in Germany or the UK? If they can verify using the UKCA mark, what documentation should they keep?

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?

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.

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?

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?

Is it right to assume GB Notified Bodies will cease to be notified when they transition to UK Approved Bodies? What does OPSS see as the main opportunities in legal metrology for national and local regulators after the end of transition?

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?

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?

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

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?

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?

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?

Can a company place a CE mark and a UKCA mark on a product (if they wish to sell on both the GB & EU market), or is only one conformity mark permitted by law? In relation to the responsibilities of importers, can the required information relating to the importer's name and address be labelled on the packaging?

What about normative documents?

Can any organisation in GB or NI remain as Notified Bodies, or is this status only reserved for organisations based in an EU country? Will there be a mutual recognition of conformity assessment bodies that will allow current UK Notified Bodies to carry on working in the EU? What is the process for UK approved bodies certifying CE marked goods. And what is the difference between a UK Approved Body and a UK Notified Body? What is the validity of NAWI/MID type examination certificates issued by an EU based Notified Body after 1 January 2021? What is the plan to have all EU type examination certificates converted to GB ones by the 1st January 2022? Can we assume that "UK Notified bodies" will not be listed on NANDO? Have any UK Notified Bodies given any indication they do not wish to be Approved Bodies?

Are UK packers still able to use the ‘e’ mark? Are importers in UK and EU of ‘e’ marked packaged goods responsible for ensuring they meet legal requirements? If ‘e’ marked goods are sent to NI, is there an importer? If the ‘e’ marked goods then go onto EU, who is the exporter and importer? Is a Spanish supermarket right when they say that they will only accept products that have the 'e' mark?

GB feed businesses exporting feed to EU Member States, or moving feed from GB to NI are required to have a representative based in an EU Member State or NI. Are there any additional feed labelling requirements, though?