Consumer product safety in the EU

First and foremost, it is the manufacturer who has a primary responsibility since the manufacturer controls all key stages including design and production. Others in the chain of distribution are also required to carry out certain checks and individual EU Member States appoint market surveillance and border control officials who check to ensure the product safety rules are followed.

There is no requirement to seek approval in advance before supplying products

A harmonised standard is a standard that has been acknowledged by the EU Member States to provide “presumption of conformity” with a certain directive.

This means that if a product meets the requirements of a harmonised standard, then the manufacturer can presume that their product meets (some of) the essential requirements of that particular directive.

It is not a requirement to follow a harmonised standard, however, it is usually easier to do so as other standards do not provide presumption of conformity.

In the short term the effects will be minimal, as product rules and conformity assessment will remain the same for both the UK and EU for most product groups, but the following changes have taken place:

• The EU no longer recognises conformity assessment bodies notified only by the UK
• The UK will require declarations of conformity under their own regulations, rather than the relevant EU provision
• In the UK, the CE mark is replaced with the UKCA mark. The CE mark can appear on the product as well.
• Products available in the UK must have a UK manufacturer or importer details on them. UK addresses are not acceptable for products placed on the EU single market.

There is the possibility that more will change in the future although this is unlikely to happen in the short term.

As a manufacturer, there are certain rules that need to be followed when placing a product on the market. There are some basic questions in the form of a checklist that you could create to reduce the risks of producing non-compliant and dangerous products. Ask yourself:

• Which EU laws and standards apply to this product?
• How will I be able to demonstrate conformity with those requirements?
• Do the rules require the CE mark?
• What customer information on potential risks do I need to provide?
• Will I be able to adequately respond to any safety issues that might arise?

Detailed information on product safety and requirements in the EU can be found on the European Commission’s website.