UK - Requirements for Toys - Update
The United Kingdom (UK) left the European Union on January 31, 2020 (Exit Day). After the end of the “UK/EU Implementation Period" (IP) at January 1, 2021 (IP Completion Day), UK became a third country with its own independent legislation. For some aspects, UK regulators postponed the deadline to give companies time to comply (UK transition period). Although the United Kingdom as a whole has left the EU, there are different provisions in Great Britain (“GB") which comprises England, Scotland and Wales than in Northern Ireland (“NI").
Update:
1. Updated Overview on Brexit guidances: Use the Brexit checker to get a personalized list of actions for you, your business and your family
A Collection Brexit guidance helps to find out how new Brexit rules apply to things like travel and doing business with Europe.
2. Extension of the transitional periods for marking and conformity assessment to reduce labelling costs - Announcement from the Department for Business, Energy & Industrial Strategy (BEIS)
1）legislation will be introduced to continue the recognition of CE marking for most goods placed on the market in the UK until December 31, 2024
2）Continue to allow companies to affix the UKCA marking and importer information to products from EEA countries (and in some cases Switzerland) on an accompanying document or label until December 31, 2027
3）conformity assessment procedures for CE marking carried out by December 31, 2024 can be used by manufacturers as the basis for the UKCA marking until the expiry of the certificate or December 31, 2027, whichever is the earlier.
Note: Several website with Brexit guidance's have already been updated to show the new dates.
3. Sunset of all retained EU laws on December 31, 2023
In September 2022, Prime Minister Liz Truss's new government introduced the Brexit Freedoms Bill to parliament, announcing that all retained EU laws – REACH is one of them – will sunset on December 31, 2023, giving ministers new secondary powers to amend, replace or repeal them. The bill comes as the Department for Environment, Food and Rural Affairs (Defra) is working on changes to UK REACH to address problems that emerged after it was copied from the EU law. Two years on, questions remain on registration and data requirements, with many stakeholders concerned over the potential for major divergence from the EU. All EU legislation will be amended, repealed, or replaced under the new Brexit Freedoms Bill introduced to Parliament today (Thursday September 22), which will end the special legal status of all retained EU law by 2023, and give the UK the opportunity to develop new laws that best fit the needs of the country and grow the economy.
4. First amendment of The Toys (Safety) Regulations 2011
On June 16, 2022, The Toys and Cosmetic Products (Restriction of Chemical Substances) Regulations 2022 (S.I. 2022/659) was published which amended the Toys Regulations as well as the Cosmetics Regulations. The limits for aluminium, formaldehyde and aniline entered into force on October 15, 2022 whereas the requirements for prohibited allergenic fragrances will apply from December 15, 2022. This amendment served to align the UK with EU requirements that were not yet transposed following Brexit, except for the extended list of fragrance allergens that require labelling on toys. The latter is expected towards the end of the year 2022.
5. Updated list of designated standards
In September, the Office for Product Safety and Standards (OPSS) has published an updated list of designated standards for toy safety (Designated standards: toy safety – notice of publication, 1 September 2022). The only remaining difference is now in the standards for electrical safety (EN 62115).
Hint: In practice, this means that currently some toys with electrical function have to be tested and assessed separately for each of the two sales markets, as certain technical changes in the standards can lead to different results.
6. Quick guide for businesses on UKCA labelling
In June, the UK Department for Business, Energy & Industrial Strategy (BEIS) has published a u guide Using the UKCA Marking and the UKCA Step-by-Step Guide. The guides describe the marking requirements for goods placed on the UK market that previously required CE marking.
Please be aware that this guide includes still the old dates for the end of the transitional periods!
7. Consultation of extending REACH Registration deadlines
The UK's Department for Environment, Food and Rural Affairs (Defra) was seeking views on extending the current UK REACH submission deadlines for REACH registration. This consultation ran from July 5, 2022 to September 1, 2022
Under option one, Defra would extend all current submission deadlines for each tonnage band by three years to October 2026, October 2028 and October 2030.
Option two would extend the first deadline to October 2026, the second deadline to October 2027 and the third deadline to October 2028.
Option three was to do nothing.
8. Amendment of UK RoHS
On June 9, 2022, the secretary of state published the latest amendment The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment (Amendment) Regulations 2022 (S.I. 2022/622) which entered into force on July 1, 2022. It reflects the amendments to the EU RoHS implemented by Delegated Directives 2021/1980/EU, 2021/1979/EU and 2021/1978/EU (new specific and time-limited exemptions for phthalates in certain components as well as in spare parts for the repair or refurbishment of medical devices).
Please be aware that meanwhile EU RoHS was amended further by Commission Delegated Directives published on February 24, 2022.