How EU Regulation 2023/988 Affects UK Businesses: Compliance and Responsibilities

The new EU Regulation (EU) 2023/988 focuses on product safety within the EU market, replacing the previous Directive 2001/95/EC. Even though the UK is no longer part of the EU, this regulation still has important implications for UK businesses that trade with EU countries. The regulation will be enforced starting 13th December 2024. Let’s break down the key effects of this regulation and what steps UK businesses need to take to comply.

Key Impacts on UK Businesses

1. General Safety Requirement

This regulation requires that all products sold in the EU market must be safe, whether they are sold online or in physical stores. For UK businesses exporting goods to the EU, this means:

Conducting Risk Assessments: Companies should evaluate their products for any potential hazards.
Meeting Safety Standards: They must comply with relevant European standards or the specific safety requirements of the EU member state they’re trading with.
Staying Informed: It’s essential to keep up-to-date with any specific safety requirements for their product categories from the European Commission.

2. Obligations of Economic Operators

The regulation outlines responsibilities for different parties in the supply chain, including manufacturers and distributors. For UK businesses, this means:

Designing Safe Products: Manufacturers are responsible for ensuring their products are safe by design.
Creating Documentation: They need to prepare technical documentation and provide clear safety instructions in the required languages.
Managing Safety Issues: Businesses should have processes in place to address product safety concerns and complaints effectively.

3. Responsible Person Requirement

The regulation mandates that UK businesses must have a responsible person established in the EU. This person takes on several important tasks related to product safety, including:

Compliance Checks: Regularly checking that the product complies with the technical documentation and the requirements outlined in Article 9(5), (6), and (7).
Providing Evidence: Supplying documented evidence of these checks to market surveillance authorities upon request.
Labeling Requirements: Ensuring their name and contact details are displayed on the product or packaging.

If a UK business acts as the manufacturer but is not established in the EU, they must designate a responsible person within the EU.

4. Distance Sales

With the rise of online shopping, the regulation emphasizes consumer safety for distance selling. UK businesses should ensure that:

Clear Product Information: Their websites display all necessary product information, including safety warnings and instructions in the appropriate languages.
Compliance with Online Marketplaces: They are aware of their responsibilities when selling through online platforms.

5. Traceability

The regulation highlights the need for product traceability to support market surveillance. UK businesses may need to:

Implement Tracking Systems: Develop systems to track products throughout the supply chain, especially for higher-risk items.
Data Collection: Comply with data collection and storage requirements for their products.
Provide Information: Be ready to share this information with EU market surveillance authorities upon request.

6. Market Surveillance and Enforcement

EU market surveillance authorities have the power to act against dangerous products. UK businesses should:

Be Proactive: Cooperate with market surveillance authorities and respond promptly to any requests for information or corrective actions.
Understand Enforcement Powers: Recognize that authorities can require the removal of online content or issue warnings to consumers about unsafe products.

7. Safety Gate

The regulation introduces the Safety Gate, which replaces the previous RAPEX system for sharing information about dangerous products. UK businesses should:

Familiarize Themselves: Understand how the Safety Gate system works and be prepared to receive notifications about safety issues.
Monitor Updates: Regularly check the Safety Gate portal for relevant information and updates.

FAQs

1. What is EU Regulation 2023/988?

Answer: EU Regulation 2023/988 focuses on product safety within the EU market, replacing Directive 2001/95/EC. It establishes requirements for all products sold in the EU, ensuring they are safe for consumers.

2. How does this regulation affect UK businesses?

Answer: UK businesses must comply with this regulation when trading with the EU, including ensuring product safety, appointing a responsible person in the EU, and adhering to market surveillance requirements.

3. What is the responsible person requirement?

Answer: UK businesses must designate a responsible person within the EU who ensures compliance with product safety regulations and provides necessary documentation to market surveillance authorities.

4. When does the regulation come into effect?

Answer: EU Regulation 2023/988 will be enforced starting 13th December 2024.

5. Where can I find more information about product safety regulations?

Answer: For detailed information, you can visit the European Commission’s website and the UK Government’s guidance on product safety.

External Links

Conclusion

While EU Regulation (EU) 2023/988 does not directly apply to UK businesses, its implications for the EU market are significant. UK companies trading with the EU must ensure compliance with these safety requirements to protect consumers and maintain access to the EU market. With the enforcement date set for 13th December 2024, it’s crucial for businesses to prepare adequately.

Understanding the Impact of EU Regulation (EU) 2023/988 on UK Businesses Trading with the EU