Clarifying misconceptions on Post-Brexit product safety regulations

An article in a recent weekend tabloid highlighted accusations of a Brexit betrayal by the new government. This piece, typical of tabloid style, was dramatic but lacked factual accuracy. Given the topic concerns product safety regulations, Dale Camsell, the CEA’s technical lead, felt it important to share his insights.

To the best of our knowledge, no new law is being introduced. Instead, the existing post-Brexit regulatory initiative, initiated by the Conservative government, is simply moving forward.

Background

In 2021, the OPSS (Office for Product Safety and Standards), under the Conservative Government’s guidance, conducted a comprehensive consultation titled UK Product Safety Review. This initiative sought stakeholder opinions on the future regulatory landscape in the UK. The consultation did not focus on specific legislation but rather on the general principles guiding future UK regulations.

The CEA provided a detailed response, emphasising the importance of maintaining regulatory alignment with the EU. Our core request was clear: technical regulatory alignment with the EU should be preserved. For instance, in response to Question 2, “In what areas, if any, should product safety regulation be strengthened or improved?” we stated: “Of utmost importance to the Construction Equipment Association’s members is that regulatory alignment between the EU and UK is maintained. Divergence between EU and UK product regulations would be highly burdensome (in terms of cost and effort) for UK manufacturers but would result in no obvious safety benefits to society. As such, striving to maintain regulatory alignment with the EU will be a priority for CEA members.”

This sentiment was consistently echoed throughout our consultation submission, with numerous references to the importance of maintaining EU/UK regulatory alignment. It is therefore fair to say that continued EU/UK regulatory alignment, which the tabloid claims to be a Brexit betrayal, is CEA’s preferred position.

Continued advocacy

Additionally, during my regular interface with OPSS at Industry Forum meetings, I have, on behalf of members, continued to advocate for maintained EU/UK regulatory alignment. During those meetings, I have also pushed OPSS to disclose its policy on whether the UK will adopt future EU regulations or deviate. As I mentioned during my recent Members’ Forum presentation, this question is no longer hypothetical and manufacturers need to know, with some degree of urgency, whether the UK will adopt the published EU Machinery Regulation and the published revision to the EU Outdoor Noise Directive. OPSS’ response has always been that this will depend on the outcome of the Product Safety Review (PSR).

I believe the “new” law referred to in the tabloid article will be the outcome of the PSR, which was originally instigated under the Conservative Government.

In summary, the CEA believes that there is no introduction of new laws; rather, the current post-Brexit regulatory measures, set in motion by the Conservative Government, are being continued. It is essential to view these developments through an informed lens, free from the sensationalism often found in tabloid journalism.

For further details, you can review our full response to the consultation, which is available upon request. As always, the CEA remains committed to ensuring that our members’ interests and the broader industry’s needs are effectively represented and protected.