5) The importer must keep a copy of the relevant technical documentation and declaration of conformity for a period of 10 years after the products have been placed on the market and must co-operate with and provide information to the MSAs following any requests.
6) The importer must ensure that when products are under their responsibility they are stored and transported under conditions that do not affect their conformity with the essential requirements.
7) The importer must, when appropriate and taking into account the risks to the health and safety of consumers, carry out testing of the products and investigate complaints about products that are not in conformity with the 2017 Regulations and keep a register of those complaints.
8) The importer must take action where they have reason to believe that products that they have placed on the GB market are not in conformity with the 2017 Regulations. Where they are considered to present a risk to consumers then the importer is required to inform the MSA (Trading Standards in GB).
Qualifying NI goods complying with the legislation as it applies in NI, including affixing the CE marking, may also be placed on the GB market. See further detail in section 10 on Qualifying NI Goods.
Where do I affix the conformity assessment marking?
The conformity assessment marking should be affixed visibly, legibly and indelibly to the product. Where it is not possible or not warranted on account of the nature of the product to affix the conformity assessment marking directly on the product (or its data plate), then it can be affixed to the packaging and accompanying documents.
Until 31 December 2027, the UKCA marking may be affixed to a label affixed to the product or a document accompanying the product, rather than being affixed to the product itself (even where it is otherwise possible to affix it to the product itself).
Placing on the market
A fully manufactured good is ‘placed on the market’ when there is a written or verbal agreement (or offer of an agreement) to transfer ownership or possession or other rights in the product. This does not require physical transfer of the good.
You can usually provide proof of placing on the market on the basis of any relevant document ordinarily used in business transactions, including:
• contracts of sale concerning goods which have already been manufactured and meet the legal requirements;
• invoices;
• documents concerning the shipping of goods for distribution.
Products imported for further manufacture and components
When products are imported into GB for further manufacture or processing, they are not considered placed on the market. Only fully manufactured products can be considered placed on the market. Under these circumstances, the GB manufacturer of the finished product has the sole and ultimate responsibility for ensuring it is compliant before they place it on the GB market.
A finished product must be compliant with all applicable legislation when placed on the GB market. Components may be placed on the market separately and can constitute a fully manufactured product in its own right. This may include a requirement for the components of the product to be individually conformity assessed and marked. However, for many products, a single marking covering the overall product is sufficient.
Spares
Products which are repaired, refurbished or exchanged without changing their original performance, purpose, or type, are not considered ‘new’ and therefore do not need to be recertified and remarked.
This includes if the product is temporarily exported for repair (as the product is not being placed on the GB market for the first time when re-imported).
Repair, replacement and maintenance operations are often carried out using other products which are spare parts. Spare parts are considered to have been placed on the market at the time at which the original product or system they are ultimately intended to repair, replace or maintain was placed on the market.
This means that spare parts can comply with the same conformity assessment requirements that were in place at the time the original product or system they are ultimately intended to repair, replace or maintain was placed on the market.
The definition of a spare part will vary depending on the commercial context, but it is broadly determined by a product’s ultimate intended usage. Whether a product is ultimately intended to be used as a spare part should be evidenced by any document demonstrating this intended use, which should be produced when requested by MSAs.
If the product has been subject to important changes, substantially changing its original performance, purpose, or type, it will be considered as a ‘new’ product. Therefore, the modified product must comply with the relevant legislative requirements at the time the product is first placed on the market or put into service.
10. Qualifying Northern Ireland Goods
The Government committed to providing unfettered access for qualifying NI goods to the rest of the UK market after 1 January 2021. Recreational craft and personal watercraft that can be placed on the market in NI in accordance with the legislation, as it applies to NI, can be sold in the rest of the UK without any additional approvals.
This means that products that are qualifying NI goods can be sold in the rest of the UK if any of the following apply:
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