Over the last couple of weeks, several retailers whose warehouses supply the whole UK (including Northern Ireland) have asked suppliers to label their products (or packaging) with both UK and EU registered addresses.The reason given by retailers is the principal that 'NI is still within the EU single market and GB is not. Therefore any goods supplied to NI will require EU labelling'.
- BHETA can confirm that there is clear wording in the UK guidance specifying CE-marked, UKCA and food-contact products/packaging must be dual labelled.
- However, BHETA agrees with many members that The General Product Safety Regulations are not clear and are open to interpretation. On behalf of members, BHETA has written to the Office for Product Safety and Standards seeking clarity before we advise on this.
- BHETA has written to retailers, and has scheduled meetings, to discuss the issue.
1. Why are retailers saying this?The retailers state the dual labelling is a consequence of Brexit and the Northern Ireland Protocol:
- England, Scotland & Wales now follow new UK trading rules
- Northern Ireland follows the existing EU rules.
- Retailers’ whose warehouses supply the whole UK have stated that all products entering those warehouses must comply with both EU and UK regulations.
- The retailers claim The General Product Safety Regulations in both the EU and UK state that a traceability address is required in each territory.
2. What are retailers saying?The retailers claim The General Product Safety Regulations in both the EU and UK state that a traceability address is required in each territory.One retailer stated: “UK & EU Traceability Addresses are required within legislation on CE and UKCA marked products. They are also required under the General Product Safety Regulations on all other products. Companies can use their own manufacturing EU or UK addresses. Manufacturers can appoint an Authorised Representative in the appropriate territory. Where the manufacturer is not within the required territory and has no Authorised Representative, the importer address can be used. Addresses can be applied on the product, packaging, accompanying document or affixed labels as defined by the appropriate legislation”.3. The challenge for UK suppliers UK retailers are making requests that have significant impacts for suppliers to UK retailers who distribute to Northern Ireland (now classed as exporting) and Ireland stores from their central warehouses:
- UK suppliers will require an EU address (which Tesco suggest must be able to handle returns)
- UK suppliers will have to dual label manufactured goods with UK and EU addresses
4. BHETA positionBHETA has reviewed the various Government and EU documents (see list below):
- It is correct that products which require a CE mark when selling into the EU will need an EU/NI address on the product or packaging (see section 9 below for evidence).
- BHETA has been unable to find any specific legislation which prescribes the dual labelling for products in The General Product Safety Regulations (see section 11 below for evidence).
- The laws around NI are new, open to interpretation, and open to change with the ongoing EU/UK trading negotiations.
- BHETA is seeking meetings with the Office for Product Safety and Standards and with retailers to discuss.
5. Different classes of products All products sold in the UK and EU are subject to The General Product Safety Regulations which are currently harmonised. The EU requires CE Mark for selected products which feature in harmonised EU Directives, such as electrical products with the “Energy Labelling Regulation (EU) 2017/1369”, Toys, Measuring instruments etc.
- From 1 January 2023, the UK will introduce a UKCA mark to replace the CE mark for products to be sold in the UK
- CE marked goods in scope of this guidance that meet EU requirements (where these match UK requirements) can continue to be placed on the GB market until 1 January 2023 where EU and UK requirements remain the same. This includes goods which have been assessed by an EU recognised notified body.
- The UKCA marking will not be recognised on the EU or Northern Ireland markets. Products currently requiring a CE marking for sale in the EU will continue to need a CE mark (and meet the other EU rules).
6. Changes in legislation for CE-marked goodsChanges in legislation from 16 July 2021 clearly state that if selling a CE-marked product into the EU there must be an economic operator based in the EU responsible for compliance tasks (wording is provided in section 9 below):Source: Page 9 EU Regulation on Market Surveillance and Compliance of Products (2019/1020) 8. Rules for products not covered by EU-harmonised rules (ie. General Product Safety regulations)BHETA can not find any reference in the General Product Safety Regulations for Northern Ireland or the EU that states the supplier must provide an address both in the UK and in NI/EU.The BHETA team interprets the wording in the Glossary (Section 10) of the GPSR document to mean that UK suppliers don’t need a double address.Section 10 says “IF there is a NI/EEA representative then they are the producer (and therefore must use that address), IN OTHER CASES the producer is the overseas company (i.e. GB and therefore use that address)”. The “if” indicates to us that OPSS are not mandating that products under the GPSR must have both a UK and a NI/EEA representative/address.9. Relevant documentsBHETA has reviewed various sets of Guidance Rules from the UK Government:
- Placing manufactured goods on the market in Great Britain
- Placing manufactured goods on the market in Northern Ireland
- Placing manufactured goods on the market in the European Union
- UK Product Safety and Metrology What’s changed from 1 January 2021 in relation to Great Britain?
- General Product Safety Regulations 2005 As they apply to products being supplied in or into Northern Ireland Guidance January 2021
- Guidelines for economic operators and market surveillance authorities on the practical implementation of Article 4 of Regulation (EU) 2019/1020 on market surveillance and compliance of products
