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The Department for Business and Trade (“DBT”) announced in a January 2024 Policy Update its intention to propose legislation in Spring 2024 which would indefinitely recognise CE marking for most types of products sold in Great Britain meaning that UKCA marking would never become mandatory for those products.  Note, as a result of the Windsor Framework Agreement, CE marking was to remain mandatory for the Northern Ireland market in any event. The indefinite extension of…

The first filings under the Carbon Border Adjustment Mechanism (CBAM) must be submitted by importers by 31 January 2024. CBAM is the EU’s landmark tool that seeks to put a fair price on the carbon emitted during the production of carbon intensive goods that enter the EU. It requires importers to report ’embedded emissions’ of certain products and of electricity imported into the EU in order to ensure equivalent carbon pricing for imported and EU…

In brief The new EU Deforestation Regulation (2023/1115/EU) will impose due diligence obligations from 30 December 2024 aimed at tackling deforestation and forest degradation. The Regulation will require companies dealing in in-scope products to undertake due diligence into the source of a wide range of commodities, including cattle, cocoa, coffee, palm-oil, rubber, soya and wood, to ensure that they have not been obtained as a result of deforestation. You can access a recording of our recent webinar…

We are pleased to announce the launch of our new online content hub, the Product Risk Radar. The hub includes the latest important legal developments in product regulatory and liability risk impacting the UK and EU and we will post regular updates to help you navigate this increasingly challenging landscape. The areas covered include regulatory requirements, product liability and market surveillance and general product safety.

On 25 July 2023 the UK government announced that increased extended producer responsibility (“EPR”) fees for packaging waste will be deferred by a year from October 2024 to 2025. In the same week the government also launched a consultation on the draft legislation to implement the new EPR regime which will include the introduction of mandatory packaging recyclability markings for the UK market. The current producer responsibility regime for packaging waste has been operational in…

On 28 July 2023, Regulation (EU) 2023/1542 concerning batteries and waste batteries (“Batteries Regulation”) was published in the Official Journal. The new Regulation repeals and replaces the existing Batteries Directive (2006/66/EC) and seeks to make all batteries placed on the EU market more durable, safe, sustainable, and efficient. It takes the extended producer responsibility (EPR) regime created by the existing Directive and expands it significantly through the introduction of more detailed mandatory design, content and conformity assessment…

On 1 August 2023, the Department for Business and Trade (DBT) announced an indefinite extension to the use of CE marking in Great Britain beyond the previous 31 December 2024 deadline, giving businesses flexibility to choose between the CE marking and the UK Conformity Assessed (UKCA) marking for the Great Britain market for the foreseeable future.   The announcement covers the regulations falling within DBT’s remit including the regimes applicable to toys, EMC, radio equipment, PPE,…

On 19 April 2023, the European Parliament adopted the final text of a new EU Regulation aimed at tackling deforestation and forest degradation (the “Deforestation Regulation”) requiring companies to undertake due diligence into the source of a wide range of commodities, including cattle, cocoa, coffee, palm-oil, rubber, soya and wood, to ensure that they have not been obtained as a result of deforestation. Once in force, obligated will have 18 months to implement the new…

On 14 November, the UK Government confirmed that it would continue to recognise the CE marking in Great Britain for another two years (until 31 December 2024) giving businesses extra time to prepare for the mandatory introduction of the UK Conformity Assessed (UKCA) marking. Businesses can continue to use the new UKCA marking voluntarily until then, giving them flexibility to choose which marking to apply. The UKCA marking announcement covers most types of goods which…