First BREXIT guidelines for specific products published

Until recently, the website of the UK government provided only general information on selling products in the United Kingdom starting on 1 January 2021. Then, in November 2020, the UK government finally published detailed guidelines for various product categories such as toys, machines and electric equipment. These guidelines are intended as a help for companies selling in the United Kingdom in the future.

The most important labelling issues that have concerned companies have to do with affixing the new UKCA label (instead of “CE”) and information about the importer onto the products. The general rule is that this information must be placed on the product itself as of 1 January 2021. However, this constituted a great challenge for many companies and risked impairing future sales of goods to the disadvantage of the UK. For this reason, the UK government has made generous exceptions to these requirements.

Now, for example, it is also permissible to place the UKCA label on the accompanying documents for toys until 31 December 2022. The same applies to the label with the name and address of the importer: until 31 December 2022, this information can be placed on the package or the accompanying documents. The UK government has also provided details on what can be considered accompanying documents: shipping lists, invoices addressed to the consumer, EU/UK conformity declaration or the label on the outer packaging. There do not seem to be many limits on the imagination here. Unfortunately, only providing the information on a website is not sufficient, even during the transitional phase.

In addition, toys that are placed on the UK market before 1 January 2021 can be sold there with the current labelling even after this date for an indefinite amount of time. The UK government specifies that a product is deemed to have been placed on the market if there is a written or oral agreement on the transfer of ownership, possession or other rights to the product. The product does not need not be transferred physically. This means that products for which a sales contract is entered into before 1 January 2021 can continue to be delivered to the UK with the previous labelling even after 1 January 2021.

In any case, for each specific product category, it is advisable to examine how long it is permissible to deviate from which requirements. For many commercial players, an extended transitional phase with new labelling requirements that are less strict will definitely be a relief.