• the CE marking is lawfully applied to the good on the basis of self-declaration;
• any mandatory third-party conformity assessment was carried out by an EU-recognised notified body (including a body in a country with which the EU has a relevant mutual recognition agreement) and a CE marking is affixed;
• the certificate of conformity previously held by a UK approved body has been transferred to an EU-recognised notified body and a CE marking has been affixed;
• any mandatory third-party conformity assessment was carried out by a UK-based body, and the good is therefore marked with the CE marking and with the new UKNI marking.
This will be the case even if there are changes between the EU rules that apply in NI under the terms of the Windsor Framework and the GB rules.
NI businesses that are importing products from the EEA and placing them on the GB market must ensure that the relevant conformity assessment procedure has been carried out, that the technical documentation has been drawn up and that the products bear the CE marking. They will also have to comply with the importer labelling duties (see section 6 on obligations of importers).
11. Approved Bodies
The UK established a new framework for UK based bodies to assess products against GB rules. Existing UK notified bodies were granted new UK ‘approved body’ status and are listed on a new UK database.
Approved bodies are conformity assessment bodies which have been approved by the Secretary of State to carry out the procedures for conformity assessment and certification for the GB market set out in the 2017 Regulations.
These approved bodies retain their 4-digit identification number. New approved bodies will be assigned a number by the Office for Product Safety and Standards on behalf of the Secretary of State.
Approved bodies can assess products for the GB market against GB essential requirements (which are, as yet, the same as EU essential requirements).
UK approved bodies must be established in the UK and be independent of the manufacturer. Approved bodies must examine the technical documentation and supporting evidence in respect of recreational craft to assess their adequacy.
12. Enforcement and penalties
Enforcement
In GB, the local weights and measures authorities (more commonly referred to as “Trading Standards”), are the MSAs responsible for enforcement of these Regulations.
The 2017 Regulations also provide powers to the Secretary of State or a person appointed to act on their behalf to enforce the Regulations and RAMS (Regulation (EC 765/2008), as amended by the Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019, which sets out requirements for market surveillance of products).
The 2017 Regulations provide the power for MSAs to take action against economic operators for products that are not in conformity with the 2017 Regulations or that present a risk. There are requirements on economic operators and private importers to co-operate with the enforcement authority as appropriate on request.
The UK MSA will take all appropriate measures to withdraw from the market, to prohibit or restrict the supply of products which may endanger the health and safety of persons, property or the environment.
68 | ISSUE 115 | MAR 2026 | THE REPORT
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