Regulation 2016/425 and the Personal Protective Equipment (Enforcement) Regulations 2018

Legislative Background EU

Regulation 2016/425 was directly applicable in the UK from 21 April 2018. The enforcement and sanctions system was implemented into UK law by the Personal Protective Equipment (Enforcement) Regulations 2018 (SI 2018 No. 390). The EU Withdrawal Act 2018 preserves these regulations and enables them to be amended so as to continue to function effectively now that the UK has left the EU. Accordingly, the Product Safety and Metrology etc.

(Amendment etc.) (EU Exit) Regulations 20192 fix any deficiencies that arose from the UK leaving the EU (such as references to EU institutions) and make specific provision for the GB market. There is therefore one set of Amended PPE Regulations, but some of the provisions apply differently in GB and in NI (for as long as the Northern Ireland Protocol is in force). References to the Amended PPE Regulations in this guidance are references to those Regulations as they apply in Great Britain. For guidance on placing on the Northern Ireland market, please see: https://www.gov.uk/government/publications/personal-protective-equipment-enforcementregulations-2018

Scope

The Amended PPE Regulations apply to PPE which is:

• equipment designed and manufactured to be worn or held by a person for protection against one or more risks to that person's health or safety; • interchangeable components for equipment referred to in point (a) which are essential for its protective function;

• connexion systems for equipment referred to in point (a) that are not held or worn by a person, that are designed to connect that equipment to an external device or to a reliable anchorage point, that are not designed to be permanently fixed and that do not require fastening works before use.

The Amended PPE Regulations do not apply to PPE:

 • specifically designed for use by the armed forces or in the maintenance of law and order;

 • designed to be used for self-defence, except for PPE intended for sporting activities;

 • designed for private use to protect against:

1. atmospheric conditions that are not of an extreme nature,
2. damp and water during dishwashing;

 • for exclusive use on seagoing vessels or aircraft that are subject to the relevant international treaties applicable to the UK;

 • for head, face or eye protection of users, that is covered by Regulation No 22 of the United Nations Economic Commission for Europe on uniform provisions concerning the approval of protective helmets and their visors for drivers and passengers of motorcycles and mopeds.

Assessment through third-party organisations:

From 1 January 2021, PPE that is conformity assessed by a UK approved body should be UKCA marked, not CE marked. If the conformity assessment was done by a UK conformity assessment body before 1 January 2021, the CE marking can still be used, but the product must be placed on the GB market before 31 December 20228. Where the PPE has been assessed by an EU notified body, manufacturers must continue to use the CE marking for products being placed on the GB market instead of the new UKCA marking. CE-marked products can only be placed on the GB market until 31 December 2022. Qualifying Northern Ireland goods complying with the legislation as it applies in Northern Ireland, including affixing the CE marking, may be placed on the GB market after 31 December 2022. See further detail in Section 11 on Qualifying Northern Ireland Goods. Rules around physically affixing the new UKCA marking mirror those which applied for the application of the CE marking, including where the size or nature of the PPE does not allow this the provision to provide it on the packaging or an accompanying document. Irrespective of the latter provision, until 31 December 2023, the UKCA marking may be affixed to a label affixed to the PPE or a document accompanying the PPE, rather than being affixed to the PPE itself.

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